Arab autocrats and their constitutions

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Arab autocracy Charter fights

D UBAI Autocrats in the Middle East and north Africa love writing (and ignoring) constitutions

Kais saied’s birthday is not until February, but his speech on December 13th now seems an eternity. Egypt is on its third constitution in a decade. Tunisia will soon contained an early gift to himself. Tunisia has been in crisis since July, when Mr Saied, the president, suspended parliament and much of the constitution. He told his constituents that Tunisia’s democracy was broken (many of them agreed) and portrayed himself as a sort of Carthaginian Cincinnatus, called on to save the state in its hour of need.

Mr Saied (pictured) promised two votes in 2022: a constitutional referendum in July and a parliamentary election in December. First, though, he will oversee changes to the national charter. A constitutionallaw professor before he was president, Mr Saied has long dreamed of remaking Tunisia as an indirect democracy. Now he has arrogated to himself the power to do so.

Thomas Jefferson once wrote that a country should remake its constitution every 19 years; to sustain it longer would be “an act of force”. In the Arab world, 19 years join it. Syria and Libya are both meant to be writing new charters. Some of these were sincere exercises, as newly democratic countries rewrote authoritarian charters. Lately, though, it is authoritarianminded rulers doing the writing. Far from being inviolable statements of national principles, constitutions have become a cynical tool. Mr Saied’s obsession at least seems rooted in sincere belief. For most Tunisians, though, a new constitution ranks low on their list of priorities. Voters are more concerned about a sluggish economy and an 18% unemployment rate. A growing pile of debt (now 88% of gdp) threatens to push the country into insolvency. Tunisia can ill afford a year of inaction—yet the president, like the elected parliament he suspended, seems to have few ideas for fixing the economy. Elsewhere, motives are more cynical. Like Tunisia, Egypt decided to write a new constitution after its revolution in 2011. A 100member committee began drafting it the following year. Though it promised transparency, much of its work was done in secret. Still, enough leaked out to make for a fascinating exercise. There were heated debates over the role of sharia (Islamic law) and the rights of women.

Debate over the constitution would last longer than the constitution itself. AbdelFattah alSisi, an army general, seized power in 2013, barely six months after the constitution was adopted. The armed forces oversaw the writing of a new one.

During his second term as president, though, Mr Sisi ran into a problem: the constitution forbade him from seeking reelection. His regime found a creative solution. Mr Sisi’s fouryear term was retroactively extended to six. The twoterm limit was preserved—but since his first lasted for only four years, it was discounted, allowing him to seek a third. The amendments were a mockery of constitutional law. But they served their purpose. Nearly 90% of voters approved them in a referendum (it helped that no one was allowed to campaign against the changes). Mr Sisi can claim a popular mandate to rule until 2030.

More cynical yet is Bashar alAssad, the Syrian dictator. Since 2019 the un has overseen a committee meant to draft a new constitution for his warhobbled country.