When the official announcement of Mohamed Morsi’s election as Egypt’s president was made following a tantalizing period of uncertainty, I had raised some questions about the country’s constitutional future. I had also suggested that a multilayered battle between the military and civilians, Islamists and secularists, and conservatives and liberals was likely (Palestine Chronicle, July 3, 2012). An example of such conflict has been witnessed at Tahrir Square in recent days. Clashes between liberals and Muslim Brotherhood supporters show simmering discontent in a polarized society as Morsi walks a political tightrope.
In his first hundred days in office, President Morsi has exercised caution, but also made some bold moves in a bid to keep many sides happy. On October 8, he announced a “blanket pardon” for all political prisoners arrested since the beginning of the uprising which overthrew Hosni Mubarak in February 2011 and finally led to free elections in which Morsi won the presidency. The announcement said that all those serving prison sentences or still awaiting trial on charges to do with supporting the revolution would be released and charges against them would be dropped. The decree excludes those convicted of murder, but pointedly includes military officers arrested for taking part in demonstrations against Mubarak’s dictatorship.
Pressure had been growing on Mubarak’s successors to announce an amnesty and Morsi could hardly have ignored it after his election as the candidate of the Freedom and Justice Party formed by the Muslim Brotherhood in the wake of the anti-Mubarak uprising. That he was careful to address wider sections of society, including the military, was hardly surprising. The move was aimed at helping the new administration in several ways. For forty years under Hosni Mubarak’s and his predecessor Anwar Sadat’s rule, mostly with American support, Egypt’s military-dominated ruling elite had alienated the opposition and much of Egyptian society. The new administration must demonstrate different priorities.
On closer scrutiny, however, his “blanket pardon” was described by some commentators as insufficient. The presidential decree’s first article said that the pardon was “for all felony convictions and misdemeanor convictions or attempted crimes committed to support the revolution and the fulfillment of this goal.” Amnesty International has now said that “all Egyptians tried in front of military courts need retrials, including those whose offenses did not relate to the revolution.”
Morsi’s political base is the Muslim Brotherhood, a major force in Egyptian society for decades. But his narrow victory in the 2012 election against Ahmed Shafik, the last prime minister of the Mubarak era and regarded as the military’s favorite, was made possible with support from moderate and secular voters. Morsi cannot shake off the Muslim Brotherhood label, perhaps he does not need to, but he was careful enough to declare that he was going to represent all Egyptians.
The task of a president in post-Mubarak Egypt is extraordinarily delicate. He has to establish civilian control over the military, which has dominated the country’s power structure for decades. Yet he has to work with the generals. He must not alienate other sections of the population as he remains a Muslim Brotherhood figure above all. He must respond to raised expectations following the old regime’s demise and his election. At the same time, he should ensure continuity and avoid a dramatic break from the past, for Egypt lives in a volatile environment.
President Morsi’s move against the military top brass, particularly ordering the retirement of Field Marshal Mohamed Tantawi from his posts as commander of the armed forces and defense minister in August, seemed to have been executed with remarkable ease. But recent clashes at Tahrir Square highlight the continuing tensions between secularists and minorities on one hand, and Muslim Brotherhood supporters on the other. It is too soon to say that the task of reshaping the military into a force compliant to the democratically-elected government is complete. For the middle ranking and junior officers are bound to take longer to change. Meanwhile, the president needs their help to maintain order.
If Morsi’s move to change the military’s top leadership was executed with ease, his attempt to remove the state prosecutor general, Abdel Meguid Mahmud, has run into difficulties. The president announced Mahmud’s removal and appointment as Egypt’s envoy to the Vatican after a court acquitted more than twenty senior Mubarak era officials of organizing an attack on protestors during the uprising. Mahmud’s office was held responsible for presenting “weak evidence” against the accused. But the presidential order resulted in an outcry from the judges, who complained that Morsi had exceeded his powers in dismissing the state prosecutor general. In a setback to the president’s authority, the prosecutor general said that he was going to stay in his job. And the president was forced to back down.
Another controversy is brewing over the draft constitution released for discussion. This time, Human Rights Watch has called on the Egyptian Constituent Assembly to “amend articles in the draft constitution that undermine human rights in post-Mubarak Egypt,” The draft, it said, provides for some basic political and economic rights but falls far short of international law on women’s and children’s rights, freedom of religion and expression, and torture and trafficking.
The fall of Hosni Mubarak was an historic victory for the people, but the outcome of the struggle for the soul of the Egyptian nation is far from certain.