Introduction :
This is white policy paper for discussion among MECA members that prepared taking in mind reading the literature towards diagnosing citizenship issues in the Arab World and forming a position on how they could be addressed rather than an academic research with a hypothesis question that needs to be tested. In addition to fact that, I considered my job objective is also to formulate the paper in away that could be used as background white policy paper for MECA discussion, for the policy makers and for the donors who might be interested to make a real change in the Arab world.
The paper will address the citizenship in general and not in any country in particular, although some examples I used are from specific countries. I also in the context of the paper, refer most of the time to the Arab World or the Arab States and not to the Middle East because Israel and Turkey have their own different citizenship issues that need a separate research and which are not necessarily in common with the rest of the Arab Word problems.
Finally, in this paper and the attached annexes I addressed and suggested how MECA strategy should be in the years 2008-2011.
Summary of Arguments and Conclusions
In this paper I argue that citizenship in the Middle East is a state responsible uneven interest based legally binding tool between the citizens and the state used by the later to take advantage of the citizen’s perception of an even relationship between rights and duties. The citizens perception that their rights are protected are used as means by the state to impose loyalty to the government as the national servant to the homeland, under the cover of national duties, on the citizens to serve the government apparatuses. The failure of the state in founding a common developmental perception of citizenship among the citizens and the public servants was transformed negatively not only on the citizens’ relation with the state, but also on their perception and practice of how their relationship would be among themselves on one hand and on classifying citizen layers per origin, economic, social and political status ; ( i,e) indigenous people, political leaders in power, tribes, migrants, refugees and minorities. Such negative transformation strengthened bonds of care across boundaries of tribalism, localism, political affiliation, inequality, exclusion, ideologies, religion, power, nation and geography and even lead to destructive individualism and to creating a generation with a built skeptic concept of who is a citizen. One participant from Saudi Arabia said that “The citizen is the one who follows the order of the “Oli al-Amr”, which means that citizens perceive themselves as subjects. A Kuwaiti citizen said “The citizen is the one who defend his land and not the one who holds the passport of his country”. My wife said, "The citizen is just a mobile mass without value, oppressed by the regimes in the Arab world". My brother in law said. “The citizen is a depressed human being that has no say”.
The confusing definition of citizenship in terms of identity, nationalism, sense of membership, belonging, loyalty, inclusion, marginalization, sense of acceptance, homogeneity and sameness, exclusion and stigmatization exists and sets in conflicting paradigms and layers and became a tool for tensions and conflicts inter states and intra states on the account of establishing democratic states that respects their constituencies.
In spite of the gloomy tendency of approaching the concept, I also claim that the human being’s character is giving by nature, in particular if empowered and given the tools to do so and that broken bonds of care and responsibility by the State towards its citizens could be gradually and constructively put in order and fixed.
This could be manifested and provided by two two-ways road on policy making and practice on the ground that address knowledge, attitudes and practices of the public servants and the citizens. The ultimate goal will then be, on one hand, the governments’ apparatuses and policy makers’ reconsidering positively their own belief in the developmental role of the citizens and that they are the latter’s service providers. Accordingly the governments’ actions change by dealing with the citizens as objects and not as subjects and by treating them equally before and by the law. On the other hand, the citizens themselves, are self empowered and regain self trust to go beyond the closed circles of self exclusion, tribalism and localism and actively and constructively participate in all developmental life disciplines to make sure that they are perceived by the policy makers and the public servants as active entities that have a say in the decision making process and can be a real developmental safety valve to the limit the government’s abuse of good governance or in a diplomatic empowering way, to be catalysts for promoting good governance.
Diagnosis Of The Ambiguous Use Of Concept Of Citizenship In The Middle East
Through reading the literature on the development of the citizenship concept in the Arab world I found that the term has different de facto conceptual, cultural, legal, political and socio economic connotations and manifestations.
The writers agree that the heritage of the different ruling systems as of early Islam, through the different Islamic Khalifas starting by the Umayyad period, through Abbasid period and ending by four hundred years of the Ottoman empire ruined the concept of citizens’ political participation that was embodied in the Shura system in early Islam. In addition to that, Arab people have lived all their life under the collective authority of the family and the tribe, where the unlimited authority of the father and the male was dominant.
Islamic system was a tool that meant to breakdown tribalism and give the individual the opportunity to have a say through the Shura and the right to appeal through equal access to law, but this tool was then not used and the Imam took advantage of it to rule by law.
After the killing of Khalifa’s Othman and Ali, the political system of Islam became to discriminate between the citizens who are Muslims and non Muslims and also between the Muslims themselves. The law enforcement and access to law became selective and mostly determined by the Imam/Khalifa. Also, the Islamic state became larger and the control of the central government became weaker and the negative use of decentralization became a de facto tool to give an ultimate power to the Wali “ The governor in the modern terms”. Therefore, the citizenship concept became vague and the people started thinking of again of their collective identity based on tribalism, interest groups, family relations, ethnicity, etc.
As we go on chronologically, the Arab/Islamic governments became totalitarian, and the citizen rights were more and more abused by the regimes. This totalitarian system was more explicit under the four hundred years of the ottoman empire which governed by “rule by Islam” and not “rule of Islam”, in addition to the discrimination between Arabs and non Arabs and between different beliefs “ Mathaheb” within Islam.
Ottomans’ rule was negatively perceived by the Arabs and they felt that their national identity is threatened again, in addition to the fact that their Islamic identity does not necessarily protect them as equal citizens. This attitude was fostered by the Western countries that supported the Arab revolution against the Ottoman Empire and promised them to achieve the Arab nationality and unity. However, this support and promise was not achieved. The Arab people became nationals of geopolitical separation which made them national fighters to liberate their own countries that were either occupied by the British, the French or the Italian regime.
Therefore, the Arab people in each geopolitical entity became fighters for freedom for a local geopolitical nationality rather than a one united Arab nationality. Accordingly, the Arabs who became Muslims to fight the pre-Islamic era of slavery perceived themselves as slaves in different forms ; slaves of the ruling Muslim Arab Khalifass, the non Arab Ottoman Khalifas, or Western non Muslim governments. Consequently the effect of “ruling by law” made the citizens lose the hope in representative governments. The rulers used “rule by law “for their own interest to stay in power regardless of the people’s needs and regardless of the public interest. Accordingly, the sense of belongings and the identity of the Arab people became very gloomy. The Arab citizens started questioning their identity ; is it associated with the government in place who set the rules, or the land in which they were born and raised. Whom they should defend in case of war or attack on the country ; the regime or the homeland ? Such questioning of identity and belonging was explicit during the fall of Baghdad and the fall of Gaza. Apparently, the loyalty to the governments was conditional by being on the pay roll of the month.
The British mandate made sure that the independent Arab states in the late sixties are ruled by heads of rich tribes and thus the citizens became subjects and not objects and they accepted that since these tribes were perceived as the fighters for freedom. Accordingly, the dilemma of the political identity was solved by British and the French by making the heads of the states from tribes and then the states became tribal oriented. Aha, we are Kuwaitis, Jordanians, Syrians, Palestinians, Egyptians, etc, that we seasonally have a political identity when we fight each other, but domestically another layer was there to break down our political identity from within. We have all the time to prove that we are loyal to the governing authorities to be good citizens. We are not good citizens if we oppose and don’t follow the Alawi regime in Syria, or the Sabbah family in Kuwait, or the Hashemite in Jordan, or the Gaddafi green book in Labia. What interesting here, is being a follower became institutionalized in the minds of the people to protect their own interests and the governments are aware of the people’s hypocrisy and do not make effective change in their policy and systems on the levels of transparency and accountability for approaching the citizens to be more and honest and to perceive and believe that freedom of expression and constructive criticism is a tool to build and not a threat to put an end to the regimes.
Then what shall we do ; how can we became respected citizens, the answer is very clear again : hypocrisy to the system as long as it is in power, then kill it when you can. Exactly like this proverb in Arabic, “ Boos el kalb fe tommo lamma takhod 7aqak minno” which means “Kiss the dog in the mouth until you get from him your right.”. This indicates that there is an internal awareness of rights but no belief among the individual citizens that they can make a change. Then, instead of facing the regime and pointing out at its failures, citizens prefer or forced to skip this fact. Then they fight for respect for human rights if these rights are abused by the occupier like the Palestinian Israel conflict and accordingly allowed to demonstrate against the occupation, but are imprisoned if they demonstrate against the government itself. Unfortunately, both the citizens and the governments are afraid of freedom of speech. Neither the citizens nor the governments trust that freedom of speech could be used as a constructive tool for reform and not a tool to threat others.
Then those people who are not among the silent majority will be divided into two groups ; either hypocrites or revolutionists that will overtake the authority by military means since they will claim that peaceful tools to change the system are not productive.
Conceptual Framework : Citizenship and Nationalism.
In the western countries citizenship has been the legal tool to makes sure citizens are objects and have rights and responsibilities from and towards the government. Provision of a passport was not only a legal document for traveling a broad but a legal tool to protect those citizens when they are out of their countries. Citizens are considered legally, politically and socially and economically partners of the state in the decision making process. It’s taken for granted that a citizen regardless of religion or sex or political affiliation is an entity and their rights protected by the government.
Political participation in the Arab world is used as a framework to make sure the government body stays in power. Most of the Arab states are unilateral party system if not royal. The citizens are called for “ Istifta’”, “ Public Referendum”, for presidential elections and the president has the power to change even the constitution to make sure he/stays in power. Of course one would argue that Arab people are not yet ready for democracy and the citizens did not until now perceive that power could be transferred peacefully and that the fighters for freedom and democracy will be totalitarian as well This could be true fact, but not a justification to stay in power for ever and to pass the authority to the presidents own children. The fight between Hamas and Fatah in Palestine where Fatah, Israel and the USA did not acknowledge that Hamas in power was by the citizens free choice and the fact that Hamas could not digest that public administration tools are to be used democratically and went to (de)legitimize its legitimate rule by military force, unfortunately, could put the people’s believe in democratic practice is not based on democratic principles but rather than on the surface and the frame of interest based democratic game.
However, when there are domestic conflicts and even external conflicts, the citizenship concept becomes interpreted as the perceived sense of belonging and identity. Just for clarification, such situation was manifested against colored people in the USA and the European countries after 9/11 and has been the case against Palestinians in Israel, Sunnis and Shies in Iraq, in Iran and in the Gulf, Turkish and kurds in Turkey, Muslims and Coptic Christians in Egypt, Fatah and Hamas in Palestine, etc.
The fact that we are all Arabs was an identification of the political identity in the national Arab movements against the occupation of the Arab countries. Such identity wad fragmented as I wrote above, into the Arab states themselves and the cultural identity and the security of the state interests on who is a Palestinian, Lebanese, an Egyptian, etc which is very clear in the abuse of the woman citizenship by law. Such fragmentation went that far in the American Arab reaction to 9/11 event on the identity itself. Being an Arab or a Muslim become a suspicious identity and holding an American passport is not any more a tool of protection of the citizens.
As regarding Socioeconomic rights, the Arab governments and ruling families are rich while the general public is poor. Financial support to the poor that is well governed by the media is not the social welfare department role in fighting poverty but the gifts “Hibat” if the prince, the president of the king. Such attitude and practice of the governments institutionalizes the perception of the citizens that they are subordinates and followers rather than human beings that should be respected. Of course, the poor citizen can say nothing to make sure he gets his meal, the rich does not care and the average middle class citizen who is supposes to change the situation is crippled.
In brief the gloomy perception of the citizenship was affected by many factors and conditions and conflicts ; namely, the value system and the schools of thought, the relation between the Arab States and the West , the occupation, the resistance and the liberation, post liberation and the need for the enemy (others), who governs whom until when, lack of scientific and logic thinking, lack of developmental vision, unfair of sharing wealth, lack of self esteem and trust, destructive individualism and ruling by the minority, rule by law and not rule of law.
AN ENABLING ENVIRONMENT FOR CONSTRUCTIVE PRESENTATION OF CITIZENSHIP
The above mentioned conditions and factors are still valid. Addressing each of them is beyond this policy paper. Nevertheless, the concept can be addressed and presented in a constructive approach as follows.
Given that the majority of the Arab states are not democratic in particular in the sense of being responsive to the relation between the government and its constituencies, dealing with the concept needs a comprehensive approach on the level of knowledge, attitudes and practices of the state and the citizens. Consequently, one would ask three legitimate questions ; where shall we start from the state or the citizens ? Can we work on parallel levels ?, and whose responsibility to change the situation and make it better, the citizens, or the governments ? What are the challenges and the obstacles in the road ? How we can over come these obstacles.
Legal Awareness Of The Concept
Apparently the citizenship concept itself has not been deeply and qualitatively studied in the Arab world, the studies available that address it are theoretical and the audiences of these studies are the intellectuals. Therefore, the starting point is not in the right direction. There is a need for field qualitative and quantitative studies to determine the citizens’ awareness of and attitudes toward the concept. Afterwards, increasing the awareness of the citizens themselves on the concept should be addressed within the context of the culture of each country in a constructive way. I mean that the citizens are eager to learn more about their rights and responsibilities and would need more guided approach, in particular using the legal aid approach that can not be controversial by the governments. All the Arab constitutions present clearly that all peoples are equal citizens before the law. Such related articles in the constitutions are the 101 course for the learning process without fear. Accordingly legal awareness campaign by the mandated civil society organizations and advocacy groups could lead to an increase of the public perception of their rights.
On the overhand, and parallel to that one could work with the governments to allow opening more legal and human rights organizations to work on the citizens rights within the legal context of the country and on education as well. On the education level, there is a need to work with the ministry of education on introducing citizenship education as part of the curriculum, but with being aware how the concept is introduced to make sure that is not out of context and to avoid using it as a tool to foster loyalty to the government.
In addition to that, the public servants, each in his/his job related functions must be aware, or draw to his/her awareness by formal procedures that his duty is to serve the citizens with a high service quality and without hesitation or nepotism and favoritism, but also not to use the rigid text of the law to prevent citizens’ access to their rights. Currently, the public servants are not aware, or skip, that they are employees of the government to serve the public and not to make use of their power. To make sure that this happens, governments can include/initiate the Citizens Rights Covenants tailored to the service provided for them i.e. patient rights, social rights, teachers’ rights, employees’ rights, and citizen rights per se.
ATTITUDES
Challenge and changing the attitudes of the public servants of citizen rights is more complicated than increasing their knowledge in the subject matter. Of course they are aware of the citizen rights, but more often selective, and would easily use different law articles to make sure the citizen pays taxes, fees, etc. This attitude has been created by the state since the employee is paid for enforcing the laws, and of course the public servant would not like to loose their job and accordingly they would interpret the law as a text and not as spirit as long as they are not held accountable to their deeds. The public servant would not try also to initiate or to provide the citizens with their rights and the civil employees start thinking of retirement from almost month one on the job. More problematic is the fact that citizens then and often forced to bribe the public servants in the Ikramyah/Bakhseesh misleading principle to get their rights. This is true on the borders, at the ministry of interiors, etc. where ever the citizen needs a service from the state. Of course such situation will inculcate a negative attitude of the citizens towards the state and the public servants and it will lead to mistrust in the system and make some state’s reform initiatives for reform perceived by the citizens misleading and hypocritical.
PERCEPTIONS AND PRACTISES
The Role of the State
The first thing the state should do is to really work with the citizens who brought into a power as partners who the have the right to form an opinion in the decision making process, politically, economically and socially. Such political well shall of course oblige the state to increase it budgets to improve the social welfare and the political participation of the citizens. Here, I don’t mean only voting every four years, or participating an public questionnaire , but a continuous institutionalization way of enabling the civil society to be active, pro active and creative.
The state should put systems in place and in particular formal procedures to make sure the citizens in general and the public servants in particular not only abide by the laws but also conceive the laws as tool for improving their life and not tools for punishing them only and the laws should be also legislated and implemented in that way. Such systems should have also regular monitoring procedures. That approach shall include accountability and transparency systems and indicators for them to measure the performance of the public servants. Code of conduct and ethics regulations and regular training and capacity development for the staff is a must to inculcate a positive perception of the role of the government in the people’s mind. I claim that one main reason for the low ratio of voting in the USA and other countries in Europe is the fact the average citizens take for granted that what ever political party wins elections will abide by law and will not threat or abuse mainly their civil and political rights.
At the same time the state should establish empowering citizenship mechanisms to enhance the good conduct of the citizens and the public servant. A fair example to mention is the role of traffic police in the United Arab Emirates. The police run after the drivers who drive safely to provide them with incentives in addition to chasing the abusers of traffic law for ticketing them. Such a balance is quite fair and represents a good example of striking a balance between empowerment and punishment.
Revenues and Taxes collecting procedures and quality of services are also a tool to change the attitudes of the citizens. Respect for Rule of law, fair and just law enforcement, equality before law, equal access to law, fair trials are also other mechanisms that can be used to re gain trust between the citizens and the state.
Protection of Human Rights and Citizen Rights including but not limited to freedoms ; freedom of speech and opinion, movement, political affiliation and participation, property rights, gender equity, right to access to health, to work, to education, to social welfare should be part of the agenda of the policy makers of the Arab states for building democracy| on the political level.
However, such political and social rights could not be achieved if the state does not work to alleviate poverty and provide jobs for the people. The unemployed people are good candidates for the state’s destruction politically and economically.
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The Role of the Civil Society
Citizens’ Role is very crucial to make a change and if citizens themselves do not initiate and ask for the change, the governments will easily perceive that the citizens are happy and satisfied. Accordingly, the government will behave in away that views as convenient without being held accountable. Therefore, the work for citizenship and democracy should be from bottom- up. Community based organizations should be established, work and continue to work for the citizens interests in their communities and always regulate their mandates to be held accountable by its assemblies and activate and monitor the performance of those who are elected to manage it on a daily bases.
In the Arab world, the majority of civil society organizations start launching their initial programs to really respond to a gap or a need in the community. However, the organizations do not work enough on their own organizational behavior, their governance systems and internal control. The organizations become staff oriented and chasing donors to keep their staff work and start working on projects that are of interest to the donors rather than a program need in the community. Therefore, their role as representatives of the citizens in front of their governments becomes not that efficient and even de legitimized. Even, their legitimate requests for change will not be perceived as a community need but a project that is funded by a donor. Worse than that is the mistrust of the citizens that will be a consequent of the organizations lack of transparency and accountability.
Conclusions
Accordingly, to have a better government, we need to have concerned citizens and an enabling environment to foster their demand for better governance and better perceived citizenship. Working from bottom up in parallel with working with the governments could be promising although it’s a long way faced with challenges. Such challenges include but limited to logistical and behavioral constraints. It’s a human nature to reject change even in one’s own daily life. That’s the since unfortunately, the citizen in the Arab world has been raised not to interfere or even to interfere to make a change as long as he himself is not harmed personally. The perspective of the public interest as a self interest by itself is not yet conceived. Therefore, citizens have to be educated to know and to change attitudes towards their life. After words, the work with the governments could be to a certain extent less challenging when the government realizes there are educated constituencies who know what they want. Therefore, in MECA strategy I will, as you will read below, do my best to suggest and classify proposed initiatives in a SMART style, (Simple, Mature, Achievable and Tangible), and of course within and to serve the manageable interest of MECA.
By Ibrahim Bisharat, November 7, 2007
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