[Originally published in The Boston Globe Ideas section.]
CAIRO — The troop of bearded Islamists carried wooden clubs and wore motorcycle helmets. They marched in time beneath a sweltering noonday sun, rehearsing for the clashes they expected any minute with the Egyptian army. A military ultimatum was set to expire that evening, and the president was about to be deposed.
When they finished their drill, however, they didn’t want to talk about street fighting. Instead, they started a heated debate over a point of political theory—specifically, whether it is acceptable to question the legitimacy of a popularly elected leader.
“If they threaten President Morsi’s legitimacy, everyone will pay for it. There will be an Islamic revolution,” said a 49-year-old construction worker named Taha Sayed Ali, a lifelong member of Gamaa Islamiya, the group that waged an armed insurgency in Egypt in the 1990s.
What grants legitimacy to a leader? The question usually arises in the abstract realm of political theory, but in today’s Egypt, it has become one of visceral, daily importance. How big does a crowd of protesters have to be to indicate an elected leader is no longer the voice of his people? When do self-interested or authoritarian policy decisions go so far as to invalidate the mandate of an elected government? On the streets of Cairo, these questions have come to occupy the center of a serious, messy conversation about how to build a healthy and accountable new state.
Many supporters of the Muslim Brotherhood’s Mohammed Morsi, who was ousted just after the demonstration, argue that an election confers a legitimacy that only another fair election can take away. They are challenged by a coalition of secular liberals and nationalists, who suggest that even a fairly elected ruler can lose his legitimacy if he fails to deliver on his responsibilities to his citizens. The result, in Egypt, has been a popularly elected leader ousted by what many are calling a “legitimate coup”—an idea that would be almost unimaginable in the longstanding democracies of the West.
“People must believe that we are legitimate, that we represent the majority, or else there is no hope,” said Basem Kamel, a liberal politician who supported the unseating of Morsi and who is determined that the military’s intervention not be seen as a coup. “The only guarantee is the people.”
The Egyptian people are aware that if they’re going to establish a government they all can believe in, they’ll need to settle on a shared understanding of what gives a leader authority and how to determine when a government has lost it. They aren’t there yet. In his final speech before being deposed, ex-president Morsi used the Arabic word for legitimacy—shar’iya —56 times, as though it might serve as a protective cloak against mounting public unrest. With Morsi out and the clashes that followed injuring hundreds and killing dozens, it’s clear that his mere insistence was not enough.
As the debate over legitimacy plays out in Morsi’s wake, the questions at stake resonate far beyond Egypt. The same issues apply in other Arab states in transition, as well as in other countries that have some trappings of democratic rule but are plagued by weak checks and balances and corrupt, authoritarian rulers. As Egypt sorts it out, the country is blazing a path forward that Egyptians, political theorists, and others in the Arab world are watching anxiously.
FOR MUCH OF world history, “legitimacy” wasn’t a question at all—kings ruled by force and claimed legitimacy from a divine order. The modern belief that “legitimacy” can be defined by the people themselves—even that it derives from their consent—dates back at least to the influential writings of John Locke in the 17th century. Political philosophers have debated how legitimacy is created ever since, but a common idea runs through all the different views: To establish its legitimacy, a government must fulfill its core obligations to protect its people and help them thrive.
Today the broad consensus in the West is that legitimacy arises from the voting booth. Citizens should be able to have profound, even violent, disagreements about the direction of their nation without questioning the basic legitimacy of the government; if they want to depose the party in power, they can do so in the next election.
The revolutionary forces that overthrew Egyptian dictator Hosni Mubarak in 2011 tried to establish a new system that might enjoy this kind of popular legitimacy. There would be elections and a process to write a constitution. The president, duly elected, was the Muslim Brotherhood’s Mohammed Morsi. Voters also chose an overwhelming Islamist majority for Parliament.
In the presidential runoff, Morsi explicitly appealed to voters who hadn’t chosen an Islamist in the first round but were convinced by his promise that he would govern with everyone’s interests in mind. At the time, even critics of the Brotherhood and the revolution conceded that the ballot was fair and the new president legitimate.
That, however, is where agreement ended. The president proceeded to push through laws—and, ultimately, a new national constitution—without buy-in or input from the opposition. Morsi ditched all his non-Islamist allies. The ruling Muslim Brotherhood and its even more conservative Salafi allies believed they had public support to enact their platform, which among other things called for a doctrinaire application of Islam to the law. In effect, they claimed both God and the electorate on their side. At one point, after the Parliament had already been disbanded, Morsi tried to put himself above judicial review, which would have left his authority with no check at all.
To the politically broad spectrum of Egyptians who had helped overthrow the previous absolute leader, the president had overstepped. On the one-year anniversary of Morsi’s inauguration, at the behest of the Tamarod, or Rebel, campaign, millions took to the streets. In advance, the Tamarod organizers claimed to have gathered 22 million signatures of citizens demanding Morsi’s ouster—significantly more than the 13.2 million who voted for him. By failing to rule either effectively or inclusively, the organizers of the Tamarod petition said, Morsi had lost “ethical, legal, and popular legitimacy.” Their petition cited his administration’s practical failures and the fact that it had rammed through a new constitution with no regard for the objections of sizable chunks of his own citizenry, including secularists, Christians, and women. They even coined a new term to describe the authoritarianism of a fairly elected leader: “ballotocracy.”
By this definition of legitimacy, the ballot box isn’t the last word. In essence, the Egyptian protesters were turning to a tradition that sees the roots of legitimacy in justice and in tangible results. The American Civil Rights movement made similar arguments: It didn’t matter if Jim Crow followed the letter of the law in Mississippi, or had the support of a majority; in failing so many of its citizens, it forfeited legitimacy. This broader notion of legitimacy underlay the original rebellion against Hosni Mubarak’s dictatorship, and prompted the June 30 uprising and the coup that followed. By this way of thinking, how a leader rules may matter more than how that leader came to power.
IT MIGHT SEEM strange to have to choose between majority rule or inclusive governance as sources for legitimacy; one tends to think legitimacy requires both. But in the kind of government Egypt is trying to establish, which will have to satisfy a significant Islamist constituency, that balance is not so easy. A state can’t be driven purely by majority interest and also protect the rights of its minority groups. It cannot be both Islamic and secular. And, yet somehow, the various factions must agree to respect the governance of whoever ends up in power, or the messy business of writing laws and addressing the nation’s ills will never get underway.
Esam Haddad, one of Morsi’s closest advisers, wrote in a posting on his Facebook page that the coup interrupted a legitimate political process. “In a democracy, there are simple consequences for the situation we see in Egypt: the President loses the next election or his party gets penalized in the upcoming parliamentary elections,” Haddad said. “Anything else is mob rule.”
Others think that in Egypt right now, proper electoral process isn’t enough. Critics of Brotherhood rule, like Brookings Institution fellow H.A. Hellyer (who coined the term “popularly legitimate coup”), argue that any ruler of Egypt today needs to at least address, if not solve, the country’s vast economic crisis while also appearing sensitive to popular opinion. Morsi, Hellyer says, had legal legitimacy but lost all popular legitimacy. “With theoretical legal legitimacy alone, no executive can function,” Hellyer said. Now, the transitional president appointed by the military faces the same challenge.
With enough will to cooperate, some of the problems of the Egyptian state may be reconciled. The experience of the West suggests that, given enough checks and balances, majority rule through popular elections is compatible with minority rights. Other directions for the state may be mutually exclusive, like theocratic concepts of justice and secular law.
How Egypt attempts to resolve these tensions could prove pathbreaking. In modern times, there have been cases like Iran, where an Islamist majority simply overwhelmed the country’s secular faction; or like India and Indonesia, where pluralism and minority rights were instituted initially by fiat, and haven’t always survived intact when put to electoral test.
In the coming months, whether Egypt manages to confer a lasting legitimacy on any particular governmental arrangement will go a long way to foretelling where the country is headed. Arguments over legitimacy quickly veer into dangerous territory; once the discussion is about who is morally right, rather than a simple power struggle or policy disagreement, it becomes hard to give the other side any credit whatsoever. Ultimately Egypt will settle on some governmental solution and see its constitution harden into established practice. But so long as the sole arbiter is not law but legitimacy, the people will remain on high alert, ready to spill back out into the street.
The government installed by the coup doesn’t include any Islamist members, repeating the exclusionary practice of the Muslim Brothers it replaced—a move that is sure to leave all this government’s decisions subject to a legitimacy challenge by Islamists. This toxic cycle will continue until legitimacy becomes not a rhetorical feint but a reality. It’s the first and most vital step toward a viable rule of law.
A member of the Tamarod petition drive against Morsi gestures with an Egyptian flag in front of army soldiers in Cairo on July 3, 2013. (Amr Dalsh/Reuters)
[Originally published in The Atlantic.]
Egypt’s struggle today features two flawed and irreconcilable elitist groups, neither of which speak for the popular revolution that upended the status quo. So long as organized Islamists are competing with the resilient deep state, the contest for Egypt will continue to push the country in a reactionary and divisive direction.
Meanwhile, the popular revolutionary forces that seek a reinvented covenant between citizens and their government will continue to play a critical role as a check on tyranny. So long as revolutionaries are excluded from the drafting table of Egypt’s new constitutional order, the country will remain unstable and autocratic. Only when revolutionaries and sincere reformists are represented in a new constitution and a new government will Egypt begin its transition away from authoritarian rule.
The institutional power struggle between Islamists and the Military complex leaves out the most important development in Egypt over the last decade: people power, with an articulated philosophy embodied by the slogan “bread, freedom, social justice.” Until now, the country’s prolific revolutionary impulse remains hostage to the factions competing for the machinery and spoils of government.
Today in Egypt, on one side stand the Islamists, who can plausibly claim to represent a popular majority and who possess an articulated project to Islamicize the state, but whose style and substance runs roughshod over the rights and aspirations of many Egyptians, including Christians, women and those of a secular bent. The Islamists have the only organized popular movements with cohesive leadership and cadres.
On the other side stand the forces of the old order, whose byword is stability. It boasts undeniable resources: the army, the police, most of the state bureaucracy including the judiciary, the financiers of the deposed regime, and a powerful elite that benefited from President Hosni Mubarak’s rule and is loathe to erode their privileges. This coalition pays lip service to freedom for minorities and secularists, but has little interest authentic liberalism and liberty.
The ultimate arbiter for all factions remains the military.
Both lay claims to represent the majority, although the Islamists have the edge in the results of the rounds of elections since the Tahrir uprising. Neither of these poles speaks for genuine liberals, revolutionaries, or the idealistic youth movements who provided the heart, if not all the manpower, of the January 25, 2011 uprising. The long-term fight is between adherents of majoritarian revolution and revolutionary pluralism, a distinction made by the scholar Ellis Goldberg.)
Right now we’re caught up in a momentary conflict between the military complex and its reactionary supporters on one side and the Muslim Brotherhood and some religious extremists on the other, leaving out a major and perhaps decisive swath of the population that supports neither.
In this unenviable contest, the likely outcome is an illiberal, authoritarian government that will lay no claim to consensus, and which will be viewed as anathema, even treacherous, by nearly half the population. If the deep state prevails, it will never have the loyalty of the population. If the Islamists prevail, they will never control the security apparatus and the institutions of state.
The original Tamarod movement is not party to this conflict, but is still on stage, at times driving events. They are the constituency for pluralism, due process, political consensus-making, and accountable, transparent, civilian authority.
The deposed Muslim Brothers have been making an opportunistic appeal to the most superficial elements of the democratic process: elections and elections alone. Their arguments eerily echo those of Mubarak’s regime before it toppled. “There are a million people in Tahrir Square against Mubarak, but there are 79 million at home who support the regime,” a deluded police officer told me just before Mubarak resigned. President Mohamed Morsi lost his mandate to rule because of the unforced errors he committed in office, which alienated almost every constituency in the country.
Equally opportunistic are the military and police, which perhaps out of different institutional imperatives, have piggybacked on the outraged masses of June 30. Sure, there is a distasteful faction that applauds military rule and which is comfortable with the return of a corrupt, abusive police force that has not faced a single consequence for decades of corruption, criminality, and oppression. But we can’t forget that the millions who signed the Tamarod petition and demonstrated on June 30 and July 2 were demanding Morsi’s ouster; they weren’t demanding a military coup, or a return to Mubarak’s system.
Now, we’ll never know what would have happened had the Muslim Brotherhood government been allowed to confront, dismiss, or negotiate with people power. We’ll never know what the Islamists would have done had they continued to push their agenda and fail politically. We’ll never know how Egyptian politicians and civilians would have responded to the latest showdown absent military intervention. In some ways, the coup has absolved the Brotherhood of some of its share of the blame.
The Islamist threat is real — and so are the dangers of military rule. The most dangerous blow comes from the absence of political evolution. Why is it natural for Islamists to threaten jihad and generalized violence in the face of a coup? Why is it natural for liberals to turn to an abusive, totalitarian, corrupt, and inept military for protection? Both are suicidal moves.
For all the fears of Islamist totalitarian rule, the Brotherhood could never control Egypt; in a year in power, it made scarcely any inroads within the military and police.
Incredibly, some Brotherhood supporters now claim they’re justified in resorting to violence since the system failed them, as if the millions of other Egyptians whose aspirations were stymied by the security state over the years should have been building bombs instead of movements.
Yet the nasty outcome — military coup and Islamist resistance — doesn’t erase the vast and thirsty popular current, which is sizable and real. Its core has been the reformists and revolutionaries, but at different junctures it found allies among Islamists, former regime supporters, and the mostly apathetic citizens known in Egypt as the “Sofa Party.” This popular current felled Mubarak. It pushed the military junta from power in 2012, long before it intended to pass authority to an elected civilian. And now it has ousted Morsi.
It’s a critical problem that the revolutionary fervor has not found its expression in a coherent political movement that can agitate for a tangible system of checks and balances, rule of law, minority rights, economic reforms, and government policies. It is not yet, however, a fatal flaw, nor a weaknesses that justifies dismissing Egyptian people power.
Egypt can survive many more waves of revolt, election and coup, and it will, until the political order begins to reflect more of the will of the people. The latest roadmap repeats most of the mistakes of 2011 (for detailed explanations of how, readNathan Brown and Zaid Al-Ali). The Egyptian public has developed a profound intolerance for arbitrary authoritarian rule; for opaque, paranoid leaders; for governments that ignore the country’s collapsing economy and standard of living.
Revolutionaries might not represent the majority, but they are now a maturing, key constituency. They are unlikely to embrace fascism or fiats from anyone: not the military, not the Brotherhood, not the old political parties. That’s the underlying signal of Egypt’s latest revolt. Until Egypt’s power brokers recognize the core demands of the public and begin to address them, the public isn’t likely to go away.
Egyptian security forces strip and beat a protester in the Cabinet clashes of December 2011.
[Originally published in The Atlantic.]
CAIRO – History doesn’t operate in perfect analogies, but I couldn’t help comparing the celebration that marked President Morsi’s overthrow to the more exuberant outbreak when Hosni Mubarak fell.
Last week as I pushed past families, men blowing vuvuzelas, and candy peddlers, a policeman swaggered past in his white uniform, his belly and chin thrust forward, smiling ever so slightly. A man leapt toward him and brushed his forearm. “Congratulations, ya basha,” he said, in an almost feudal show of respect. The cop nodded in acknowledgement without breaking stride. He walked like a man with authority.
Two and a half years ago, one of the signal triumphs of the revolution was the expulsion not only of Mubarak, but of the detested police. They had strutted all over the rights and dignity of Egyptians. They had tortured with impunity, beaten the innocent and the guilty, detained at a whim, demanded bribes, colluded with common criminals. At the beginning of the uprising, the public had enshrined a magnanimous principle of people power; they won a street war and then declined to lynch the defeated policemen, instead in one instance releasing them to skulk home in their underwear.
On the night Mubarak fled the presidential palace, a 20-year-old engineering student named Mohammed Ayman murmured with awe and pleasure: “The policemen now speak more softly in the streets. People are waking up. We know our rights.”
This week, the policemen weren’t speaking softly at all. They were basking in the adoration of the latest, complicated wave of the Egyptian revolution. They joined the anti-Morsi protests, and stood by while Muslim Brotherhood facilities were attacked. In keeping with their motley history, rule of law still wasn’t on the police agenda. President Morsi was swept from power by vast reserves of popular anger at an inept and dictatorial Muslim Brotherhood government. But the June 30 uprising was by no means a purely organic revolt, like January 25; crucially, it was buttressed by the machinery of the old regime and the reactionaries who loved and missed it.
A few years hence, we’ll know for sure whether the July 2 military intervention represented a salutatory alliance between revolutionaries, the military, and the bureaucracy, or whether it marked the dawn of a full restoration of the old order, of Mubarak’s state without Mubarak. But revolutionaries and reformists obsessed today with convincing their fellow citizens and the world that Egypt just experienced a second revolution rather than a coup could more wisely concentrate on the omnipresent danger signs, which in the slim best-case scenario might not prove fatal..
If revolutionaries want to build a new better state, they now must quickly articulate their vision of a pluralistic society of rights and accountable government, free from the tyrannies they have overthrown in short order: those of Mubarak, the military junta that replaced him, and the elected Islamists who ruled as if their slim electoral majority entitled them to absolute, unchecked power. And they must be just as willing to challenge military rulers as they were to toss out Morsi and the Brotherhood.
* * *
Egypt’s revolution is in danger, as it has been at many turns since it burst forth in January 2011. Its best asset is people power and the creative, resilient activists who have gone to the streets over and over, and against three different kinds of regime so far. Its greatest vulnerabilities are the institutions of Mubarak’s authoritarian police state, which have bided their time and are still pushing for a restoration, and the profound strain of reactionary thought that courses through certain powerful sectors of Egyptian society.
There are vibrant forces in Egypt that want to chart an indigenous, authentic course toward Egypt’s own version of pluralistic, transparent, accountable governance. They aren’t interested in Western timetables or Western ideas about elections as the path to enlightened rule. It is crucial, if these forces are to succeed, that they see and describe clearly the terrible impasse that led to June 30 and the highly flawed, imperfect military intervention that broke it.
With a clear-eyed, unsentimental assessment, Egyptian progressives might yet bend the country to their will. A positive long-term outcome requires honesty about the Brotherhood’s errors as well as the unseemly alliance struggling to tame Egypt now — in short, the whole halting attempt at revolution so farThe Brotherhood abused Egypt and its electoral prerogative. Most insulting was the constitution that was rammed through in a single overnight session, with only Islamist participation, in an obscene savagery of the political process. There was also the state-sanctioned torture and vigilantism against the anti-Morsi protesters outside the presidential palace in December 2012, committed by Muslim Brotherhood members with the knowledge of presidential advisers. In less dramatic fashion, the Brotherhood scoffed in lawmaking at the idea of consensus or negotiation, insisting again and again that the fact they’d been elected justified any and all actions, including the president’s abortive attempt to dissolve judicial oversight, the last remaining check on executive authority after the parliament had been sent packing by the courts.
The Brotherhood’s failures exhausted their warrant to govern in the eyes of many Egyptians, prompting the June 30 Tamarod, or “Rebel” revolt, which brought more people to the streets from more strains of the public than any previous Egyptian protest. But while the Muslim Brotherhood’s behavior might justify its eviction from power, it doesn’t excuse the misbehavior of the opposition, which is now the adjunct to the second interim military authority to set rules for Egypt’s political transition after Mubarak. The opposition has yet to settle on a constructive vision. It opposed Islamists, but as a body it hasn’t stood in favor of an alternate idea for Egypt. Some reconciliation is necessary with the felool, the remnants of the old regime. But accommodation is one thing; a full embrace another. Worse still, many of the Tamarod supporters actively called for a coup, declaring that military rule would be preferable to that of electoral Islamists. In fact, both have proved corrosive to Egyptian well-being, and will prove so again in the period to come. The latest machinations over the next government, along with the continuing violence between “rebels” and Brothers, underscore the precarious state of Egypt today, a mess out of which only the military is guaranteed to emerge stronger.
“We are starting from square zero,” said Basem Kamel, an activist who helped organize the January 25 uprising, and who joined the organizers of June 30. He conditionally supported this week’s military intervention, along with the Egyptian Social Democratic Party, for whom he served as a member of parliament in 2012. But he also condemned the arrest of Muslim Brotherhood leaders this week and the closure of their media. He doesn’t want anybody’s authoritarianism.
“This time,” he said, “we must get it right.”
Perhaps people power is a good enough argument for those who supported this people’s putsch. And the violence of Muslim Brotherhood followers only buttresses the argument that old regime remnants, the felool, might be illiberal fascists, but the Islamists hold a greater danger still. The Tamarod/June 30/Revolution-not-a-coup school seems to believe that their role is simply to expel any leader who doesn’t serve Egypt. Their argument appears to be that the people don’t need to write the blueprint, but will stand in reserve to veto any regime that misrules. Somebody else needs to come up with an idea for how to extricate Egypt from the practical morass into which it has sunk. Meanwhile, the people will overthrow executive after executive until one does a good job.
Yet, many ideals that imbued the original January 25 uprising have yet to gain a wider purchase. Revolutionaries rightly mistrusted authority, including that of the military. They rejected state propaganda that held divisions between secular and religious, Christian and Muslim, made Egypt ungovernable except by a heavy hand. They trusted the public, the amorphous “people,” to choose its own rules and write its own constitution, so long as everyone had a seat at the table and the strong couldn’t silence the weak. They espoused rights and due process for all, including accused criminals and thugs, even for those who had tortured and repressed them. They forswore the paranoia and xenophobia with which the old regime had tarred as foreign agents Egypt’s admirable community of human rights defenders, election monitors, and community organizers.
And now, at a moment of both pride and shame, when the people rose up against an authoritarian if elected Muslim Brotherhood governance and unseated a callous, incompetent president with the help of the military, the revolutionary ideas are drowning in a torrent of reactionary sentiment. “We want a military man to rule us,” a middle-aged woman with a bouffant hairdo exulted to me outside the presidential palace.
Yes, revolutionaries and common folk and apolitical Egyptians took to the streets on June 30, and again later in the week to celebrate Morsi’s imprisonment by the military. But they were joined, and perhaps overwhelmed in numbers, by the felool, the reactionaries. Families of soldiers and policemen strolled among the protesters. Christians and proud members of the “sofa party,” who had sat out every previous demonstration of the last two and a half years, trumpeted their support for Mubarak, for his preferred successor, presidential runner up and retired General Ahmed Shafiq, and now, for military rule. Whether the original revolutionaries wanted it or not, their latest revolution has the support of some of their worst, most persistent enemies: the military and the police.
At the airport on Friday evening, a half-dozen uniformed police officers stood watching the Muslim Brotherhood Supreme Guide’s speech, televised on a set mounted at the Coffeeshop Company. The Supreme Guide called for supporters of Morsi to “bring him back bearing him on our necks, sacrifice our souls for him.” Within hours, that cry would result in thousands marching to Tahrir Square and engaging in a bloody, deadly and avoidable clash with opponents of the Brotherhood.
As the Brotherhood leader spoke, the policemen laughed, while others looked on anxiously, mirroring the divisions within Egyptian society. Not everyone hates the Islamists, and not everyone loves the police.
On TV, the camera panned over the shouting Brotherhood supporters a few miles away, mourning a protester just shot dead. At the airport, an officer with three bars on his shoulder laughed. “Morsi’s finished,” he said, bringing his heel down and slowly savoring the crushing motion. “In two more days, the Brotherhood will be finished too.”
Beside him a stone-faced man winced.