Mohamed al-Shewy
On March 1,
Egypt’s Supreme Constitutional Court ruled that Article 3 of the electoral law was unconstitutional.
Two days later, the Administrative Court suspended the elections pending a change in the electoral
law.
This suspension plays into President Abdel-Fattah al-Sisi’s hands, as
it delays the devolution of legislative powers from the president to the parliament and extends his
unilateral rule. Sisi’s overall approach to the parliamentary elections further reveals ambitions to
diminish the political role of parliament so it becomes a passive player to his decision-making. The
elections – originally scheduled to take place over two stages in March and April – are the last
phase in Egypt’s transitional road map introduced following the removal of Mohammad Morsi from
office in July 2013. It will be Egypt’s first legislative body since the Supreme Constitutional
Court dissolved the parliament in 2012 for technical reasons. Since then, legislative powers have
been held by Sisi, who has issued a number of laws addressing Egypt’s
economy.
The state sees the elections as a way to convey legitimacy by
demonstrating the regime’s commitment to democracy and institution building. Having a functioning
parliament also helps Egypt convince much-needed foreign investors that the country’s transition is
stable enough for long-term business ventures. But perhaps most importantly, the state can use the
parliament as a form of “elite management” to appease family heads, businessmen and politicians, and
to secure their aid in maintaining and imposing stability.
Yet despite the
likelihood of a pro-Sisi parliament, the government is still unenthusiastic about elections,
foreseeing a number of potential challenges to the regime. The new parliament will be obligated to
review and approve all laws passed and ratified since Morsi’s ouster in July 2013, in order for them
to remain in effect. This constitutes nearly two years’ worth of legislation, including
controversial ones such as the protest law of 2014. This law in particular faces strong questions
surrounding its constitutionality, opening the door for the law’s possible repeal or amendment. The
regime and the military will likely view this process of reviewing laws as a waste of time, but
additional delays in parliamentary elections will only push the inevitable review process back even
further.
With no parliamentary ally along the lines of Mubarak’s National
Democratic Party, the Sisi government’s approach to these concerns has been to limit the political
space available to parties. This prevents them from operating in any meaningful way outside of the
regime’s influence.
Both the constitution and the electoral law actively
weaken the ability of potential opposition parties to gain any kind of significant platform in the
future parliament. The electoral law of 2014 strengthens the position of individuals ahead of
political parties, allotting over 70 percent of the 567 seats in parliament to independent
candidates. As in the Mubarak era, the emphasis on independent candidates means seats are more
likely to be won by well-connected individuals, especially businessmen. For comparison, the 2011
electoral law gave parties two-thirds of seats elected through proportional representation
lists.
The military establishment has long viewed political parties with
suspicion, believing them to only act in their own self-interests, rather than the nation’s as a
whole. Now that a former military man is president, this approach is easier to act upon. In a
meeting with 15 party heads, the president called on them to form “one inclusive coalition” by
running on one list that he would endorse. Rather than backing one particular political party or
ideology, Sisi is attempting to remain politically neutral by calling on all parties to unite behind
a national vision. Instead of a pluralist process where a multitude of views are represented,
parliament is reduced to a homogeneous political body that merely supports the president’s national
projects.
Some political parties are already opposing this project, among
them the Strong Egypt and Constitution parties, which have announced their boycott of the polls. But
a pro-Sisi coalition is even more likely to perform well in elections due to the boycott. In
reaction to Sisi’s call for a unified electoral coalition, Sameh Seif al-Yazal, a former military
intelligence officer and strategic adviser, formed one such electoral list called For the Love of
Egypt. Despite some initial criticism from the Wafd Party, For the Love of Egypt appears to have a
strong footing ahead of the elections, and in mid-February was bolstered by the subsequent inclusion
of the most prominent liberal parties, Wafd and the Free Egyptians.
With
the current system favoring individual parliamentary candidates rather than parties, Sisi is looking
to empower military figures instead of the Mubarak-era business elite, many of whom Sisi mistrusts.
He has emphasized the role of the state in the economy, and suggested in an interview last year that
the private sector would have to accept a smaller role than it had under Mubarak. He is particularly
hesitant to rely on those closely associated with Gamal Mubarak for support, as he does not wish to
be associated with that era’s corrupt practices.
Instead, Sisi has sought
to include figures like Yazal into the parliament. This would eschew traditional party politics
altogether and ensure Sisi’s influence over the legislative process.
In
addition to the military, this new political class will include civilian politicians and businessmen
not closely affiliated to Gamal Mubarak’s inner circle. Rather than rely on an ideological support
base, this “apolitical” class will further diminish the parliament’s influence on the country’s
political life.
Driven by its distrust of organized political groups, Sisi
has gone to considerable lengths to depoliticize the parliament and the country’s new “political”
elite. Parliamentary life under Sisi looks set to be little more than technocratic assistance to the
president, with little room for opposition.
Mohamed al-Shewy is a freelance writer and analyst, currently
based in Germany. This commentary first appeared at Sada, an online journal published by the
Carnegie Endowment for International Peace
(www.carnegieendowment.org/sada).
A version of this article appeared
in the print edition of The Daily Star on March 16, 2015, on page 7. |