UNDP’s Call for Rule of Law in Arab Human Development Report

The UNDP released its new Arab Human Development Report today, which includes insights from Arab intellectuals, reform practitioners and youth. This year’s report, entitled Challenges to Human Security in the Arab Countries, notes that “fault lines” in the region have deepened since the release of the first such report in 2002, and that a lack of human security has become a primary factor inhibiting human development.

One relevant chapter of the report focused particularly on the role of Arab states in undermining the human security of their citizens.  The report stresses the importance of the rule of law, noting that “The state which departs from these rules becomes a source of risk to life and freedom. Instead of guaranteeing human security, the state itself turns into a major threat to it.”

Key points regarding the role of Arab states in inhibiting human security and development:

• Extensive legal restrictions impede the formation and operation of political parties or legal civil society groups across the Arab world.

• As of 2008, a state of emergency law precludes rights and basic freedoms in six countries of the region – Algeria, Egypt, Iraq, Sudan, Syria, and the West Bank and Gaza. Leaders’ absolute authority means that security sectors operate with impunity and without accountability to citizens.

• The widespread proliferation of security organizations accountable only to the leader has resulted in a lack of proper budgeting, fiscal controls and transparency.
• Reform movements have so far proven to be ineffectual in changing the social contract or basic distribution of power.  Although civil society is an important outlet for reform, it remains underpowered and constrained.

The report also included some results from public opinion polling in the Arab world:

• “Many remarked that the forms of democracy found in the Arab countries were little more than make-believe and pageantry; however, several observed that the region cannot import democracy from abroad but has to encourage its evolution within Arab culture.”
• “There was general agreement that some of the greatest threats to Arab human security come from authoritarian regimes; restrictions on core freedoms; and deficits in institutionalisation, transparency and accountability.”

The report also identifies four key forces that could play a key role in demanding the rule of law in Arab societies: 1) political opposition groups (especially Islamists) 2) civil society 3) business leaders, 4) citizens in elections

The report notes that emerging political systems such as in Iraq, Palestine and Mauritania have witnessed high rates of popular participation in elections, while states such as Morocco that may have undergone limited steps of political liberalization earlier but stagnated in recent years, are experiencing disillusionment with the electoral process as a way to influence the state.

General Conclusions of the Report: 

• The best protector of human security is a civil state that is ruled by laws that respect political and civil freedoms. There is a deficit in Arab states’ protection of citizens’ rights and freedoms against measures of Arab expectations.
• State-driven reform has thus far proved to be a tool for maintaining control over the population and enhancing security rather than promoting human security.  Social forces (business, opposition groups) that could demand reform remain weak.

• The international community has pursued an invasive policy that has obstructed Arab reform through “aggression and then through equivocation.”  Reform from within, rather than outside, based on the rights of citizens is a more effective method for promoting security and democracy.
• “The overall result is that the Arab states still lag behind other developing countries in adopting serious measures for enhancing the human security of their citizens.”  There is a need for institutional change in Arab governments designed to promote human rights, guarantee political participation and ensure minority rights. Social groups need an opportunity to assemble and peacefully express their platforms.