Eighteenth annual meeting and biennial conference of the APF Regional Socio-Political Context and the Role of Arab National Human Rights Institutions in Democratic Reform and Transition A presentation by Dr. Muhyieddeen Touq Eighteenth annual meeting and biennial conference of the APF 1 to 3 October, 2013 Doha, Qatar

The presentation will cover: Democratic Reform Socio-political context in the Arab States The case of transitional states The role of NHRIs Pre-requisites for an effective role

What does Democratic Reform Entail? Moving to a free, fair and periodic elections on the basis of transparent law that ensures just representation of societal and political forces. Promoting and maintaining basic freedoms (expression, association, movement…) as well as freedom to access and receive information. Building an effective, transparent and accountable system of governance.

Developing a workable system of checks and balances and real separation between powers. Enhancing political participation through active political parties and vibrant civil society. Strengthening the system of promoting, protecting and respecting human rights for all.

Respecting the rights of minorities through an inclusive approach. Empowering the opposition through access to information and decision making processes. Promoting a culture of dialogue, tolerance, respect for differences and solving conflicts through peaceful means.

The Socio-Political Context State capture. Weak institutional structures. Absence of pluralism. Poor political participatory culture. Weak civil society and absence of popular monitoring mechanism.

The Impact Lack of judicial independence which negatively impacted The application of the rule of law. Ensuring justice and equality for all. Respect for human rights. Weak legislative bodies which negatively impacted The power to legislate effectively and independently. The ability to monitor governments.

Wide spread violations of human rights. Development of a culture of impunity. Distorted economic development. Wide spread corruption: Nepotism, bribery, abuse of power, money laundering, transfer of assets and illicit enrichment.

Weak political parties; Skills and attitudes in governance. Coalition building. Experience in effective opposition. Weak societal watch-dogs; NHRIs, Ombudsmen, Whistleblowers, CSOs, Think tanks, Bloggers, Independent researchers.

The Case of Transitional States Lack of political stability Modest experience in governance by the new regimes: the case of Egypt and Tunisia. Collapse of state institutions and tribal nature of society: the case of Libya and Yemen. Public/ distrust/ doubts of the seriousness of new regimes Fighting corruption. Respect and protection of human rights.

Exclusive tendencies and lack of inclusiveness. Continued restrictions over the work of civil society and monitoring bodies. Continued intrusion in the work of human rights organization including NHRIs: banning, burning, changing governing bodies.

Do NHRIs Have a Role in the Democratic Reform? The answer is YES but with varying degrees of authority and effectiveness given the socio-political context in the Arab states.

Can NHRIs Play a Role in Democratic Reform and Transformation? The answer is YES but with varying degrees of success in the various indicators. Examples of relative success Jordan: election law and monitoring. Morocco: Reinforcing HRs system. Tunisia: Reinforcing HRs system and enhancing political participation.

Pre-requisites for an Effective Role of NHRIs in Democratic Reform True independence governing bodies budget and financing Pluralistic and inclusive boards of governance. Professional commissioners dedicated to the promotion and protection of human rights. Workable relations with the executive, judicial and legislative branches of government.

Openness on political parties, CSOs, human rights groups, NGOs, monitoring bodies…at the national level. Clear vision, mission and comprehensive action plans. Dedicated legal and technical staff enough in numbers and professional in skills, attitudes and values. Ability and willingness to work with regional and international human rights bodies in a cooperative and coordinated manner. A clear out-reach and communication strategy.

Critical Questions Are NHRIs the cause or the effect of democratic reform? Is a certain degree of democracy necessary for NHRIs to have a significant impact? Can Independent and strong NHRIs survive in a non- democratic state? Are non-democratic and/or transitional governments willing to listen to NHRIs?

Can government appointed board members/ commissioners be real watch-dogs or can they dig deep in real human rights issues and violation? Are NHRIs in the region window dressing institutions or are they real catalysts of change? Are their real success stories or breakthroughs for NHRIs in the region and if yes what are they? And why success was achieved? What are the lessons learned from the Arab uprising for NHRIs and how the change in the region affecting them?

Thank You mtouq@hotmail.com