Nearly three years after the fall of the Qaddafi regime, Libya’s revolution has stalled. Militias continue to run rampant as the government struggles to perform basic functions. Theoretically to protect the revolution, Libya passed its Political Isolation Law (PIL) in May 2013, effectively banning anyone involved in Qaddafi’s regime from the new government. The law has raised serious questions: Does it contribute to effective governance and reconciliation? Does it respect human rights and further transitional justice? Will it undermine Libya’s prospects for a successful democratic transition?

In this Brookings Doha Center-Stanford "Project on Arab Transitions" Paper, Roman David and Houda Mzioudet examine the controversy over Libya’s PIL and the law’s likely effects. Drawing on interviews with key Libyan actors, the authors find that the PIL has been manipulated for political purposes and that its application is actually weakening, not protecting, Libya. They caution that the PIL threatens to deprive Libya of competent leaders, undermine badly needed reconciliation, and perpetuate human rights violations.

David and Mzioudet go on to compare the PIL to the personnel reform approaches of Eastern European states and South Africa. Ultimately, they argue that Libyans would be better served if the PIL were replaced with a law based on inclusion rather than exclusion and on reconciliation rather than revenge. They maintain that Libya’s democratic transition would benefit from an approach that gives exonerated former regime personnel a conditional second chance instead of blindly excluding potentially valuable contributors.

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After decades of abuse under the old regime, how can the civilian government of President Mohamed Morsi turn Egypt’s security apparatus into one befitting a new democracy? What are the necessary steps in overcoming institutional barriers to reform and creating an Egyptian police force in the service of its citizens?

In a new "Project on Arab Transitions" paper from the Brookings Doha Center and Stanford University’s Center on Democracy, Development, and the Rule of Law (CDDRL), From Good Cop to Bad Cop: The Challenge of Security Sector Reform in Egypt, nonresident fellow Omar Ashour discusses the political dynamics of transforming Egypt’s security establishment.

Based on months of interviews with current and former officers and generals in the police, army, and intelligence services, Ashour lays out the workings of the Mubarak regime’s repressive security apparatus and assesses current reform initiatives, drawing on lessons from other transitions in the Arab world and beyond. He offers a set of policy proposals for establishing an accountable, civilian-led security sector, ranging from a presidential commission on reform to new oversight mechanisms. Ashour cites the brutality and abuse of Egypt’s police as a key catalyst of the January 25 Revolution; the success of that revolution, he says, will hinge on effective security sector reform.

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INTRODUCTION

Elections that follow dramatic downfalls of authoritarian regimes present policymakers with difficult choices. They are an opportunity to establish a sound basis for democratization, putting in place institutions and strengthening actors that help guarantee free and fair elections. Yet such elections are part of a high-stakes conflict over the future that takes place in a context of enormous uncertainty, as new actors emerge, old elites remake themselves, and the public engages in politics in new and unpredictable ways.

Assisting elections in the Arab world today is made more challenging by two factors that have thus far distinguished the region from others. First, transitions are made more difficult by extraordinarily strong demands to uproot the old regime. Fears that former regime elements will undermine ongoing revolutions along with demands for justice after decades of wrongdoing invariably create pressures to exclude former elites. In other regions, reformers within autocratic regimes, like Boris Yeltsin and South Africa’s F.W. DeKlerk, split from hardliners to spearhead reforms, muting demands for excluding old regime allies writ large. In the Middle East, however, old regime elites have been unable to credibly commit to reforms, partly given decades-long histories of empty promises and oppositions that remain largely determined to accept nothing less than Ben Ali-like departures. Room for compromise is difficult to find.

Second, for an international community hoping to support Arab transitions, widespread distrust of outside forces compounds these problems. Such distrust is inevitable in all post-colonial states; however, skepticism is particularly high in the Arab world, especially toward the United States. Cynicism about American intentions has been fed by U.S. support for Israel, its continued backing of Arab autocrats for nearly two decades after the Cold War, and, more recently, its unwillingness to take stronger stands against Mubarak, Asad, and others early on in the uprisings. Even if transitioning elites believe international expertise can help smooth the election process and enhance faith in the outcomes, they find it difficult to embrace in the context of heightened nationalism and a strong desire to assert sovereignty.

In light of these challenges, this paper explores how the international community can best engage in “founding” elections in the Arab world. Examining Egypt and Tunisia, the first two Arab states to hold elections, it focuses on challenges in leveling the playing field, managing electoral processes, and creating just and sustainable outcomes. These cases are undoubtedly unique in many ways and – as in any transition – remain in flux. Nevertheless, examining their early experience yields insights into how international actors can best approach those cases that may follow (e.g., Libya, Syria, and Yemen).

Most notably, these cases suggest that the democracy promotion community should approach first elections differently than it does subsequent ones. It should prioritize different goals and activities, in some cases even leaving off the agenda well-intentioned and generally constructive programs in order to focus on more urgent activities critical to strengthening electoral processes. Recognizing the enormous fear and uncertainty with which democrats approach first elections, international actors should resist the understandable urge to seek immediate, permanent democratic arrangements and “favorable” electoral outcomes. They should also encourage revolutionary forces to resist understandable, but counterproductive, urges to exclude allies of the former regime from new democratic processes. Rather, democracy promoters should suggest interim measures, encourage tolerance toward “unfavorable” results, and, in so doing, support democrats as they make their way through a long, imperfect process.

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With parliamentary elections now complete, Egypt moves to the next major step in its fitful political transition -- drafting a new constitution for the republic. As the fundamental document establishing a framework for governance, the new Egyptian constitution will have a lasting effect on Egyptian law, politics, and society.  However, Egypt’s transition is shaping up to be a case study in how not to initiate a constitution-writing process.

At a time when the shortcomings of a mismanaged transition threaten to undermine the constitution-writing process, author Tamir Moustafa identifies the most important issues to be tackled by the country’s Constituent Assembly. Focusing on questions that range from the place of Islamic law to women’s rights to the role of the military, he offers recommendations on how each area should be addressed.

The paper – the first to be published under the new Brookings Doha Center-Stanford Project on Arab Transitions – concludes that while constitution writing must be treated as an organic process, the international community should work to ensure that Egypt’s military does not entrench a role for itself in domestic governance.

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