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      Is the Decline of Democracy Inevitable?

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      Perhaps the most critical immediate question facing the world in 2022 is whether the decline and eventual destruction of democracy are inevitable in the next decade. Thousands of words have been directed to this question over recent years, intensifying after the ascendency of Donald Trump to the presidency in the United States, the propagation of “the big lie” after his defeat in the 2020 election, and the subsequent insurrection at the Capitol on January 6, 2021.

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      In the same period, Great Britain moved to the right under Prime Minister Boris Johnson while autocratic regimes in Poland, Hungary, Turkey, the Philippines and Brazil tightened their grip on governance structures.

      What does the future hold for liberal democracies around the world in the next decade? Are current trends an aberration, or is Marc Plattner prophetic in noting in “Democracy in Decline?” that authoritarianism seems to have the “wind at its back even if it has not yet spread to many more countries”?

      Inevitable Decline Scenario

      Current trends produce compelling evidence that seems to suggest that the decline of democracies is an inevitability. In the United States, daily columns appear pronouncing that democracy is in peril and under siege, and asking whether another civil war is possible. The January 6 assault on the Capitol continues to be a flashpoint in what was already a very volatile political environment. Voting restrictions targeted at likely Democratic voters have been instituted in many pro-Republican states. Given the prominence of America as a symbol of liberal democracy, countries around the world are now thinking the unthinkable about the future of democratic governance.

      Last year’s Freedom House report, “Freedom in the World for 2021,” carries the subheading “Democracy under Siege.” It suggests that the aggregate decline in freedom has exceeded gains for the past 15 years. While much of the deterioration in 2020 was associated with regimes in Africa and the Middle East, European nations — Poland, Hungary and Turkey — recorded reductions in freedom. Moreover, the United States has seen a 10-year decline in freedom equivalent to that experienced in 25 other nations.

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      Meanwhile, as the left-wing populist party headed by Nicolas Maduro has captured the headlines because of his dismantling of democratic institutions in Venezuela, right-wing populist movements are increasing across Latin America — Brazil, Bolivia and Peru are examples. More recently, following Jair Bolsonaro’s playbook in Brazil, the leader of the right-wing populist Christian Social Front in Chile, José Antonio Kast, forced a run-off in a recent election after voicing a desire to return to the autocratic regime of Augusto Pinochet.  

      Kast eventually lost in a landslide, which bodes well for the stability of democracy in Chile for the near future, but still raises the disconcerting issue of the popularity of authoritarianism among a sizeable minority of Chile’s polity. 

      Predisposition to Authoritarianism

      All of these recent events would seem to posit an argument that many citizens are susceptible to an authoritarian appeal. However, forecasting trends from recent events is always hazardous. Yet there is a more ominous source for predicting inevitability than the recent accounts and actions of political leaders and pundits. The writings of a number of social psychologists, historians and political scientists are extremely relevant to the question at hand.

      Karen Skinner argues in her book “The Authoritarian Dynamic” that autocratic tendencies are baked into the psychic of citizens of liberal democracies. Fear of change and diversity is easily transformed into a call by a politician for a return to the status quo of the past, like “Make American Great Again.” Long before the ascent of Trump, Skinner estimated that as many as one-third of the population in liberal democracies have a predisposition to authoritarianism.

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      Given that democracies encourage diversity, alternative interpretations of history and open dialogue on difficult issues, these strengths may exceed people’s capacity to tolerate difficult issues. A growing lack of tolerance toward immigrants, people of color or bureaucrats provides a platform for opportunistic leaders to activate that “authoritarian dynamic.”

      Roger Griffin offers a similar argument when he attributes modernity as a force for fascism. With the unfolding of modernity, populist interpretations of an idealized national past arise in response to the anxiety that citizens feel about a future where the only certainty is that it will be different than the past. Leaders with autocratic ambitions use “restorative nostalgia” — Svetlana Boym’s concept introduced in her book “The Future of Nostalgia” to describe a hereafter that replicates the past — to rally citizens to a populist political movement, a revolt against democratic institutions and their advocates, “the bureaucratic elites.”

      The arguments offered by Skinner, Griffin and others provide an important understanding of how the internal vulnerabilities of liberal democracies can nurture their own demise. However, despite the presence of an authoritarian dynamic within liberal democracies, a political leadership factor is part of the calculus for predicting the future of democracies. The past decade has witnessed the emergence of Plutarchian leaders who have learned to navigate the pathway that enables populist sentiments to be integrated with autocratic predispositions.

      While their hold on the masses is important, what is required to secure power is their ability to bewitch a small key group of capable and principled people in leadership roles and convince them to submit to the autocratic impulses of a prophetic leader as a means of achieving limited policy goals.  

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      A cadre of Von Papenites — those who have no autocratic predisposition but are willing to align with anti-democratic politics as a means of achieving specific policy goals or to ensure their own power base in the governance structure — is required. The important and notorious role that Franz von Papen had in enabling the rise of fascism in Germany in the 1930s must not be duplicated if democracy is to be resilient in countries experiencing populist movements. The dangerous combination of a charismatic populist leader and a sizable component of politicians willing to compromise their political ideals for transitory political goals would make the downward spiral of democracy inevitable.

      Yet in the United States, a contingent of politicians did defy the urges of the Trump administration to decertify the election results and preserve democratic rule. In Chile, citizens and political leaders rejected the call to return to the autocratic governance model of Pinochet’s dictatorship. In Europe, despite the political uncertainties created by the pandemic, right-wing populist movements have not established themselves as viable alternatives to current regimes. 

      Democracy will be resilient and survive the current wave of right-wing authoritarianism if leaders and institutions demonstrate their ability to solve critical social and economic problems, reverse the erosion of trust between themselves and the public, and put the safeguarding of democracy at the forefront of their political agenda.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      In Ukraine, More Than European Peace Is at Stake

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      “Everything has already been said, but not yet by everybody.” This quote by the Bavarian comedian Karl Valentin applies also to the ongoing Russian threat to Ukraine, which has brought a new level of tension to Europe. Yet it provides no comic relief as the situation is far too dangerous for everyone, but especially for the people of Ukraine who have been widely excluded from the ongoing discussions about their future.

      The diplomatic failures of the Russian and American negotiators and the steady escalation in rhetoric indicate an unwillingness to compromise on both sides. Russia wants guarantees that neither Ukraine nor Georgia will accede to NATO, which NATO categorically refuses to do. But Russia’s excessive list of demands shows that it doesn’t expect the West to agree. It would, conversely, mean that Russia would have to remove its own missiles from the Kaliningrad Oblast that borders Poland and Lithuania. 

      Coming to Terms With the Game Being Played on the Russia-Ukraine Border

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      The failure of the Russian Federation to respect the sovereign will of its neighboring states demonstrates well its 19th-century view of geopolitics that if it doesn’t belong to us now, it will soon belong to our enemies. By raising the stakes, Russia has shown that there are now only three options for Ukraine — siding with Russia, aligning with the West, or permanent neutrality — and it is testing to see just how much the West really wants Ukraine. But time is running out. Maintaining a large standing army on such a long border requires significant resources. They’ll have to be moved eventually. The question is, in which direction?

      Geopolitical Chess

      Like pieces on a chessboard, Ukraine acceding to NATO would, from the alliance’s perspective, be like the West gaining a pawn. From the view of the Kremlin, however, Russia would be losing its queen. The movement of NATO’s eastern flank into Ukraine would increase the length of the NATO-Russian land border nearly fourfold, from 703 kilometers to 2,677 kilometers — an unpleasant prospect for security-obsessed Moscow.

      As such, we believe that there are several scenarios regarding how the situation could develop, with a multitude of compounding factors. Three of them have been described here, which we still believe could prove most likely.

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      While it is impossible to know what will actually happen, one thing seems to be perfectly clear: There is no peaceful solution for Ukraine. Regardless of what outcome the negotiations have, Crimea is still occupied and the war in Donbas is ongoing. The Kremlin wants security guarantees, but so does Ukraine. Kyiv sees its best option in NATO membership, which is mutually exclusive to Moscow’s objective.

      It’s at this point that the debate about Ukrainian neutrality gains momentum. Such a declaration of neutrality could also be welcome in Western capitals. Although this currently disregards the stated sovereign will of those Ukrainians who support a Western path, one could nonetheless imagine a tripartite (NATO/US–Ukraine–Russian Federation) treaty on Ukrainian neutrality would ease security fears, while also not excluding the prospect of future EU membership for the country, like neutral Austria, Sweden and Finland. Indeed, the stability provided by a neutrality treaty would afford Ukraine the necessary conditions for significant economic growth and democratization.

      Nevertheless, the Kremlin’s security concerns regarding NATO are, to our understanding, not the dominant factor in this situation. Apart from the fact that there is also a sort of collective security provision in Article 42 (7) of the Treaty of the European Union, the main concern for the Russian regime is a democratic and prosperous Ukraine. Because if a “brotherly” nation, as Putin has referred to it on numerous occasions, could thrive in a climate of social freedom, the Russian population could demand this as well, which would ultimately lead to the collapse of the current administration.

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      Neutrality, moreover, doesn’t also necessarily prevent a Russian military presence. In Moldova — a neutral country — around 2,000 Russian soldiers are present, 500 of them as “peacekeepers,” following the war in Transnistria in 1992. Andreas Umland, an analyst at the Stockholm Centre for Eastern European Studies, the Swedish Institute of International Affairs, asked (during a conference both authors attended) whether these and other Russian troops stationed in the former Soviet republics should not rather be referred to as “piece keepers” — pun intended.

      Umland is also the initiator of an open letter to the German government signed by 73 German experts on Eastern Europe and international security, among them one of the authors of this article. The aim here is to call for a German reaction to the threat the Russian Federation poses to the European security order.

      Europe’s Energy Leverage

      The new German government hasn’t changed its predecessor’s position regarding the Nord Stream 2 pipeline, which would provide leverage in the negotiations but is constantly depoliticized by officials. Moreover, drastic sanctions, like excluding Russia from the SWIFT global payment system or even delivering defensive weapons to Ukraine, have been ruled out. The latter is based on what Berlin perceives as its historic responsibility toward Russia for Germany’s role in the Second World War, ironically ignoring that this should also include Ukraine as both were part of the Soviet Union.

      But a time is coming when Berlin must weigh up whether it is willing to stand in solidarity with its allies, Ukraine and the principles of international law and self-determination, or if its responsibilities for the past mean it would rather stay in the Kremlin’s good books. In any case, this German factor has long provided the Kremlin with the opportunity to pursue its divide-and-conquer strategy in the European Union.

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      Perhaps the greatest leverage the EU would have over Russia (and currently vice versa) is the control over the supply of natural gas. Moscow has for far too long fostered Europe’s reliance on Russian natural resources. Dependence works both ways, and if the EU, and especially Germany, were to take control and shut off Russian pipelines into Europe, the consequences would be far worse for Russia.

      Painful though it may be at first, it is entirely possible, and such a preemptive tactic — showing Russia that the EU is no longer dependent on its supplies — would have a powerful taming effect on Moscow. It would also spur on the increased diversification of European energy supplies, costing Europe less in the long run. This energy card is currently in German hands.

      Negotiations aside, one of the most striking things about this current escalation has been the sidelining of Ukraine’s position. If we’ve learned anything from history, it is that smaller countries should not be overlooked as their voices are silenced. We’ve seen this situation before: excessive demands, promises of being satisfied if conditions are met, protecting citizens, peaceful intentions but ready for war. All this sounds too familiar. Yet again, the wishes of the main country involved — in this case, Ukraine — are not being respected.

      We should not repeat the same mistakes from 100, 80 or even just eight years ago. Ukraine has made its move, and so has Russia. It is now up to the West to come together and show Russia that aggression no longer pays.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      There is so much more at stake here than just peace in Europe. We need to understand that this is a direct attack on Europe’s collective achievements over the past decades. Ukrainians contributed to these achievements with the Maidan Revolution in 2014. The EU failed them then, so we must not fail Ukraine again. Otherwise, the hopes for democratic development in the east of the European continent will just be a piece of history, never to return.

      *[Fair Observer is a media partner of Institute for the Danube Region and Central Europe.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      ‘Be thankful you don’t have our poison’: US pollster Frank Luntz’s warning to UK

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      Interview‘Be thankful you don’t have our poison’: US pollster Frank Luntz’s warning to UKDavid Smith in WashingtonLuntz spent years sampling opinion for Republicans before a stroke changed his outlook: ‘I’m not afraid any more, so you will hear me criticise people I never would have two years ago’ When he suffered a stroke, Frank Luntz blamed it on the anger and tension coursing through him after decades of inhaling America’s toxic political culture. The country’s best-known pollster found himself hospitalised for nearly a week with dangerously high blood pressure.Two years later, Luntz regards the experience as a turning point. “That completely changed my outlook,” he says. “The loudness of my voice has changed. The speed in which I speak is changed. I’m slower and I’m quieter and I think about what I say. It’s not that I’m trying to be careful, it’s that I really analyse stuff that comes out.”The 59-year-old, well known from countless media appearances and for running focus groups that provide an insight into America’s political psyche, has also now chosen a less partisan path. Having once worked for rightwing Republicans such as Pat Buchanan, Newt Gingrich and Rudy Giuliani, he no longer hesitates to condemn Donald Trump’s pernicious influence or fears the conservative media backlash.Attack, attack, attack: Republicans drive to make Biden the bogeymanRead more“If I didn’t die, I’m not afraid any more, so you will hear me criticise people I never would have criticised two years ago. What are they going to do to me? It can’t be any worse than what I’ve been through and, when you become more fearless, it makes life easier to navigate.”Often seen on TV as ebullient and garrulous, Luntz has felt tired all the time following the stroke. He is visibly so as he holds court with half a dozen British newspaper journalists in his downtown Washington luxury condo, a kitsch affair with faux classical columns, built-in saloon bar (“Frank’s sports bar”) and busts of presidents George Washington (wearing a mask) and Abraham Lincoln.Luntz’s motivation for this unusual gathering, it seems, is to express gratitude to Britain. He is one of those old school American conservatives who says, “I believe in the special relationship very much,” and is tickled by how the nations rhyme and how they don’t. Last year he went to the UK for a month and ended up staying nearly eight, finding an antidote to American’s poison.“I was in real trouble when I got to Britain, in real emotional trouble,” he admits. “I still haven’t fully recovered from my stroke, and what goes on in this country, I couldn’t talk about it. I got in the middle of it. Tucker Carlson [a host on Fox News] was killing me every fucking night.”Luntz, who studied British voters for a conservative thinktank, the Centre for Policy Studies, also invited UK journalists to disseminate a warning: don’t let British politics become as polarised and debased as the American system.“You still like each other, you still respect each other, you still value public debate: your democracy is still functioning,” he insists. “Ours has seized up and I don’t know how to get ours flowing again. Be thankful that you don’t have our poison … I’m very afraid of the American system being hopelessly damaged.”Doesn’t the acrimony of the post-Brexit era suggest that the UK is already heading in that direction? Not so, Luntz insists. “You all have proven that there’s still a desire for substance in politics, not just slogans and soundbites, and thank God you haven’t completely embraced American politics because your elections are of substance rather than style.“I know that you guys are critical of the UK in recent times for being too American in your elections. You’re not. We are becoming more and more superficial. You are still substantial.”Later he plays a video clip of one of his US focus groups descending into angry shouting and recriminations, a glimpse of a society that seems to be falling apart. He comments: “The worst of the worst. This is my warning to you. This is shit. This is a disaster and it will come to you if you let it happen.”During his time in Britain, Luntz met several prime ministers in quick succession: John Major (“he’s the most sensible person in the UK”), Tony Blair (“brilliant – he gets it more than anyone”), David Cameron (“still the best communicator that I’ve ever worked with”) and Boris Johnson (“the most fun: when I saw him, he spent 10 minutes just ripping me before I even got to the stuff I wanted to show him because we knew each other at Oxford”), who had not yet become embroiled in “partygate”.Ever the anglophile, Luntz does not share a view expressed by Joe Biden in 2019 that Johnson is a “physical and emotional clone” of Trump. “Boris Johnson has written more books than Donald Trump has read. Boris is the real Trump. He understands the hopes and dreams of the public. He gets the historic context. He can wax poetically about 2,000 years ago, 200 years ago and two years ago. Trump could not do that.“Trump captured the anger and the desire for revenge; that is not Boris at all. Think about it: Boris is amusing whereas Trump was vitriolic and mean; Boris is compelling whereas Trump was insulting. There’s a big difference. Boris is more likable, more approachable, more human than Trump was. Trump is more the middle finger; Boris was the kind of guy that you wanted to hang out with at the pub.”Last week Luntz was hired by the New York Times to take the temperature of 14 independent voters after Biden’s first year in the White House. They weren’t happy. “Biden does not understand the hopes and dreams of the average American,” says the messaging expert, who remains on the centre-right. “He does not empathise with them. His team is ideological rather than emotional and so he’s missing all this. It’s how people feel even more than how they think; feeling is a deeper emotion and Biden is not connecting to them at all.“Inflation is ‘transitory’? The line that I would use would be we should transitory Joe Biden right out of office, and the public would do that. Secondly, you got Kamala Harris, who comes across as inauthentic with that laugh. He picked her up and put her there, so they’re regarded as a team, and as a team they’re failing.”Biden’s approval rating is hovering in the dismal low 40s as the coronavirus pandemic drags on interminably. Luntz argues that he overpromised. “He created unrealistic expectations. He’s a very arrogant human being and very flawed and the combination of flaws and arrogance is a really unhealthy cocktail.”Wasn’t Biden supposed to be Mr Empathy? “There’s nothing about him that screams empathy. There’s everything about him that screams someone who’s already made up their mind.”A referendum on Biden looms in the midterm elections in November. Luntz agrees with the conventional wisdom that Republicans will win the House of Representatives but thinks Democrats will cling on to the Senate. He identifies six issues that will determine voters’ choices: crime, immigration, shortages, prices, education and the January 6 insurrection. “Democrats have a huge problem on five out of the six.”Prices, the cost of living, are the biggest problem. “This is the issue that’s going to kill the Democrats because it affects every single voter in every possible way every day of the year, whether it’s food or fuel, whether they’re trying to buy a house or car or something small. They know that it’s impacting them and it’s going to continue for a little while longer. Every day that it continues, you can assume that another member of Congress loses their job. It’s that big a deal.”An Atlantic magazine interview with Luntz in 2014, a year before Trump began his run for president, was prophetic about his health as a metaphor for America. He complained about a six-day headache and sleeping two or three hours at a time. Voters were “contentious and argumentative” and “didn’t listen to each other as they once had”. The article’s author, Molly Ball, wrote: “Frank Luntz is having some kind of crisis. I just can’t quite get my head around it.”Today, after the catharsis of his stroke, Luntz finds plenty of blame to go around. He casts a harsh light on the media, social media and his own younger self. In an infamous 2003 memo, for example, he advised George W Bush’s Republican party to abandon the phrase “global warming” in favour of “climate change” because it is “less frightening”. He is now an advocate of climate legislation. “I’ll take my blame for the stuff that I did 20 years ago. But I figured it out.”He touches a button and a giant painting of man walking on the moon slides up to reveal a TV screen and slideshow presentation of polling data entitled The Great Rethink. It is a study of America voters’ attitudes and disillusionment with their leaders. “The only thing we agree on is that politicians suck,” Luntz says. “If you’re American, this is a very depressing time right now.”One slide is about what people want most in life: fewer hassles, more money, no worries, better work, more choices, more time, better lifestyle, better work-life balance. Another offers some words to use (I am your voice, accountability, fact-based) and words to lose (agenda, I’m listening, transparency).Luntz argues that even in a polarised society such as America, every parent asks the same question: will my child/grandchild be happy? Perhaps rather optimistically, he urges politicians to focus on children as “the great unifier”.“If you want to bring people together, you do it over their children. You guys are divided on just about everything; this crushes that divide. This brings people together and it’s not been done before. I’m waiting for a political party or movement to capture the next generation as their focus.”Luntz, who does not think he will be in the polling business much longer, hopes politicians will consider the lessons of his “Great Rethink” presentation and rethink their own ways before democracy seizes up for good. “I want to hit them over the head with this,” he says. “I want to be able to say to them: cut it out. Just stop. Nothing is worth destroying the country – and you are this close to destroying the country.”TopicsUS politicsJoe BidenDemocratsRepublicansUS midterm elections 2022interviewsReuse this content More

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      Fair Observer’s New Feature: “Language and the News”

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      After running the feature called “The Daily Devil’s Dictionary” for the past four years, Fair Observer is expanding its coverage of the culture of media and public discourse. The Devil’s Dictionary moves to a weekly format and will be accompanied by a developing reflection on the language of the news.

      Fact-checking Is Not Enough. Sense-checking Is Equally Important.

      One of the ongoing effects of the COVID-19 pandemic has been to highlight the awkward gap between what our institutions and media express in official language and people’s sense of reality. From our school days behind a desk to sitting down in front of the evening news after a hard day’s work, we have been conditioned to trust a class of people we call professionals who know things we don’t know. These professionals feed us not just what they present as facts, but also the message and especially the meaning that results from interpreting those facts. Once their job is done, the media in particular count on us to share the information we have received with family, friends, coworkers and acquaintances we happen to converse with. And all of us most of the time obey. That is what keeps our private conversations going.

      In recent times, certain anomalies and blatant contradictions in the news cycles have upset this pattern of behavior that formerly structured civilized life. We have experienced a series of major crises that end up dominating the news cycle, including financial meltdowns, climate change, pandemics, to say nothing of the damage resulting from mass surveillance and meaningless wars. The not always convincing reporting on these events has seriously disrupted the ability of information professionals in both the media and education to maintain the stable cultural order that once seemed so sure to so many people.

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      This has led to a well-documented serious loss of confidence in the authority of democratic governments and their institutions on a global scale. Yahoo Finance recently cited Edelman’s Trust Barometer for 2022 that describes a global trend. “Among the key findings of the report was the overall lower trust in world leaders and institutions around the world, with 67% of respondents saying they worry that journalists and reporters were ‘purposely trying to mislead people by saying things they know are false or gross exaggerations.’ The figures were 66% and 63% for government and business leaders, respectively.” 

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      With few exceptions, the populations of nations across the globe have deemed the performance of their government leaders seeking to manage the now two-year-old pandemic unsatisfactory, if not worse. A much longer trend reveals that confidence in the media has never been more shaky. Many governments and media pundits have attempted to blame social media for this visible decline in trust. But that seems like a ruse or at best a distraction, encouraged by the very authorities in whom the public has been losing trust. Though the owners and promoters of social media platforms, motivated by profit, narcissism and especially rapidly expanding power, are by no means to be trusted, most ordinary people understand that social media itself is little more than an extended space of personal conversation. For that reason, some in the political world see it as a threat to the established order.

      Commercial media and political authorities have increasingly touted the idea that fact-checking will solve the problem of restoring trust in information providers. But that is naive. We have already seen that making decisions about what is true and false is a perilous undertaking, not only because the boundaries between the two is often fuzzy, but also because powerful interests will inevitably step in to impose their preferred distinctions. 

      Things become even more complex when we realize that truth is not simply a set of verifiable facts, but an understanding that can be built up of the complex relationships and patterns those facts combine to create. We try to make sense of the world, but the act of making sense should require its own quality control. Expecting those who “manage” the information to provide that control is as dangerous as it is naive.

      Is There an Answer? Can Sense-checking Exist?

      Fair Observer’s “Language and the News” launched at the beginning of this year will focus on the curious ways in which public personalities — those who have knowledge to impart — literally play with the range of meaning language permits. On the face of it, playing sounds entertaining. And indeed, the purveyors of news understand that. It is why so many people now count on the news for entertainment. It is also why so much of the news is indistinguishable from entertainment. It is a game, but it’s a game in which there are clearly winners and losers. One of those losers is not so much the facts themselves, which do of course get distorted, but our perception and understanding of the reality we live in.

      Only by looking at the variety of resonances produced by language does the true complexity of reality come into view. But something else, slightly more sinister also comes into view. It is the relentless effort engaged by those who are empowered to use language for our information and entertainment to reduce complexity to a simple idea that serves some practical or ideological end that they are attached to. Edward Herman and Noam Chomsky once described the processes in detail in their book, “Manufacturing Consent.”

      Embed from Getty Images

      At the end of the month of January 2022, Fair Observer launches its feature, “Language and the News.” It includes a “Weekly Devil’s Dictionary” but will also be composed of short vignettes that pick up salient examples from the current news cycle to highlight how they produce or obscure meaning. In the coming weeks, we will open the channel of communication for our readers to provide their own sense-checking. Think of it as a communication game. But it is the kind of game in which there should be no losers, since — at least theoretically — everyone in a democratic society profits from clarity. 

      Here are the first two examples to inaugurate the new feature.

      Example 1: Mitch McConnell’s America

      Newsweek reported Senate minority leader Mitch McConnell’s objections to the voting rights bill the Democrats proposed. With impeccable self-revelatory logic, he derided the need for reform or the fact that the current system in many places was built to reduce access to the polls for black Americans. “Well, the concern is misplaced,” he said. “Because if you look at the statistics, African American voters are voting in just as high a percentage as Americans.”

      Sigmund Freud maintained that verbal slips reveal deeper levels of psychical truth. What would he say about this? 

      Coming from the senator from Kentucky, one of the Confederate states during the Civil War, he would see a true continuity with the spirit and culture of the Old South. It is likely that at the nation’s founding, blacks who were in their vast majority slaves were not considered Americans. Even though each slave counted, for the needs of representation, as three-fifths of a “real” American, they could not vote. They were property. McConnell may feel that because the black community consistently votes at more than 90% for Democrats, they are the property of Democrats rather than “Americans.”

      Example 2: Joe Biden’s Extended Property

      In his extended press conference last week, US President Joe Biden offered his updated interpretation of the Monroe Doctrine. “We used to talk about, when I was a kid in college, about “America’s backyard,” the president reminded the press. “It’s not America’s backyard. Everything south of the Mexican border is America’s front yard.”

      Everyone in the United States knows that your front yard is not only identified as your property, but more significantly it represents the image of yourself you wish to convey to the outside world. The traditional reference to a backyard contained the idea that it was a stretch of land that was far less significant, required less upkeep, if any at all, and could even merge with the countryside. Calling Latin America America’s backyard was disrespectful but suggested the possibility of benign negligence.

      Embed from Getty Images

      Biden most certainly believed his metaphor would convey a notion of respect and even solidarity with the people who inhabit the land in front of his house. But that is the crux of the problem. People who live in your front yard are squatters, not neighbors. The very idea that there may be people in a space the owner controls and designs to convey the family’s image is shocking. At least it should appear shocking to anyone who lives anywhere between El Paso and Tierra del Fuego.

      To avoid misunderstanding, though with no real intention to correct the terrifying image he created, Biden added: “And we’re equal people. We don’t dictate what happens in any other part of that — of this continent or the South American continent. We have to work very hard on it.”

      And so, between Mitch McConnell and Joe Biden, we learned that blacks are not quite the same thing as Americans and that Latinos and Latinas are at best thought of as tolerated squatters. The land of the free continues, at least unconsciously, to make distinctions between those who are authentically free and those who may, according to their ethnic or cultural identity, simply aspire to be free. 

      The views expressed in this article are the authors’ own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Italy’s Presidential Race Puts a Strain on Political Balance

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      Italy’s parliament gathered in a joint session of both houses on January 24 to elect the country’s next president who will succeed Sergio Mattarella, whose term will end on February 3.

      A total of 1,009 voters, including 58 delegates chosen by regional councils and known as “great electors,” took part in the first stage of voting, which will be repeated every day until a consensus is reached. A clear vote is unlikely to be reached before Thursday as cross-party negotiations are still underway and the majority of lawmakers have decided to cast a blank vote as a delaying action amid intense backroom talks.

      From the Maghreb to the East, Poking the EU Has an MO

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      Usually a symbolic formality, Italy’s presidential election is this time a focus of special attention by media and citizens, as the country’s fragile national unity and political balance depend on its outcome. The vote comes at a pivotal time, as the country has recently agreed to an EU-sponsored €191.5 billion ($213 billion) program of economic and social reforms aimed at rebooting its national economy.

      Among the top contenders is Prime Minister Mario Draghi, a former president of the European Central Bank, who has openly signaled his willingness to run for the job. For Draghi, a seven-year presidential term is undoubtedly more appealing than ending his mandate with a disorderly, mixed coalition ahead of general elections next year.

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      But parties are reluctant to vote for Draghi as his eventual election as president and resignation as prime minister could lead to snap general elections. His exit as head of government, a role he was appointed to by Mattarella in February 2021 after the collapse of the so-called Conte II cabinet, in favor of the presidency could bring Italy back to a new phase of instability and political uncertainty. 

      Why Does This Election Matter?

      In recent decades, Italy’s national politics has undergone profound transformation concerning the structure and ideologies of both parties, and the role of the president has become increasingly important. Beyond exercising moral authority, representing national unity and being the guarantor of the independence and integrity of the nation, as defined by the Italian Constitution, the head of state takes charge during a political crisis.

      The president has the authority to select the new prime minister, as Mattarella did last year in choosing Draghi to lead the country out of a political impasse after the resignation of technocratic Prime Minister Giuseppe Conte. The president also has the authority to approve or deny the appointment of ministers who will form the new cabinet, and they can refuse mandates to weak coalitions and dissolve parliament, setting the country on the path to national elections.

      Will the Government Fall Apart?

      The situation is particularly delicate as it involves the stability and longevity of the current government and the possibility of early general elections. The outcome of the presidential vote may lead to different scenarios, potentially able to shift allegiances, disrupt existing coalitions and alter the balance of power among Italy’s political parties.

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      If parliament fails to agree on a candidate, the vote will undoubtedly become a source of division between the left and the right, inevitably opening the path to a political rupture. 

      The government’s collapse would not only damage Italy’s political equilibrium, but also impact the European Union. Brussels has heavily bet on Italy’s ability to recover from the COVID-19 pandemic — which rocked the economy and markets — endorsing prime minister Draghi’s national recovery and resilience plan.

      What About Mario Draghi?

      The presidential election is also important because it could represent a turning point in determining the political future of Prime Minister Draghi, who has provided a period of balance and good governance in Italian politics.

      According to his supporters, choosing Draghi as the next president and having him in office for the next seven years would increase the chances to keep markets stable, which would imply the prospect of long-term economic recovery and, at the same time, give Italy more credibility at a European and international level.

      Yet, many lawmakers are pushing for President Mattarella to stay on for another year, arguing that this would be the best solution to guarantee the government’s stability until scheduled general elections in 2023.

      Who Are the Other Contenders? 

      As the prominent businessman and former Prime Minister Silvio Berlusconi withdrew his candidacy, saying that Italy could not afford further political division, far-right leaders Matteo Salvini (Northern League) and Giorgia Meloni (Brothers of Italy) are considering a list of moderate right-wing figures. This includes former Senator Marcello Pera and ex-mayor of Milan Letizia Moratti as potential candidates, hoping to gain support from the center left.

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      Other possible contenders include Pier Ferdinando Casini, a long-serving centrist senator and former speaker of the lower house who reportedly has good cross-party relations, Marta Cartabia, a judge and former president of the Italian constitutional court currently serving as minister of justice, and Giuliano Amato, a former politician who served twice as prime minister and thrice as minister during the 1990s.

      After the first three ballots, where a two-thirds majority is required (673 out of 1,009 voters), an absolute majority of 505 votes is enough for a candidate to be elected. Yet if the voting process continues past the end of Mattarella’s term, it would be clear that the presidential election has paved the way for another unpredictable political earthquake.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      From the Maghreb to the East, Poking the EU Has an MO

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      Contemporary diplomatic relations between Morocco and Spain saw their genesis after the Spanish departed from Western Sahara and the tripartite agreement was reached in 1975. Signed in Madrid, this agreement between Morocco, Mauritania, and Spain tried to normalize the future of the region’s borders and of the people of Western Sahara.

      However, after signing the deal, the government in Madrid never formalized its political and diplomatic position regarding Moroccan sovereignty over Spain‘s former colony in Western Sahara. A geopolitical matter of vital importance for Morocco, the question of Western Sahara remains an unhealed wound in the relationship between Madrid and Rabat.

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      In 2021, this wound was reopened after Spain, in a somewhat secret and irregular move, welcomed Brahim Ghali, secretary-general of the Polisario Front, a nationalist movement seeking independence for Western Sahara vis-à-vis Morocco. On top of the fact that Ghali is wanted in Spain for crimes against humanity, rape and torture, among others, he is also a staunch enemy of the government in Rabat.

      This politically embarrassing situation, a product of a diplomatic miscalculation by the Spanish government, created a feeling of betrayal in Rabat. Morocco quickly conveyed its discomfort, considering Spain’s harboring of Ghali a challenge to the kingdom’s sovereignty and interference in an internal state matter. Thus, Morocco issued a warning that continuing to host Ghali would have consequences.

      Spain in North Africa

      Despite these warnings, the government in Madrid decided not to make any political or diplomatic overtures to Morocco, declining to resolve the misunderstanding in a consensual manner. Therefore, in a way, the Spanish government forwent its diplomatic relationship with Morocco and disregarded the important role that Rabat has always played as a critical partner in the fight against illegal trafficking and terrorism stemming from the Maghreb and the Sahel.

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      Though the relationship between Morocco and Spain has lived through ups and downs, the tensions last year felt much different. Through relaxation of its military controls, Rabat‘s threat became a reality in May 2021 when Morocco effectively opened its border with Ceuta, a Spanish enclave and autonomous city located on the African continent, which made it easier for waves of irregular migrants to reach Tarajal beach. Around 8,000 people, including more than 1,500 estimated minors, tried to cross the Spanish-Moroccan border on foot and by swimming to enter Spanish soil illegally.

      As crude as it may seem, this political move by the government in Rabat, using Moroccans and Africans in general as a weapon against Spain, is not new. For years, Morocco has used this modus operandi as a diplomatic weapon to pressure and obtain concessions from its European neighbor. However, there has not been such a mass arrival of people, especially such a high percentage of minors, to the Spanish border in recent history.

      The diplomatic crisis last May led to authentic moments of chaos and siege along Ceuta‘s border, making the passage of many of these immigrants to the European territory possible. Through its actions, Rabat sent a message without palliatives and implored the Spanish government to back down from political moves, such as open invitations to regional nationalist leaders.

      The Existential Issue of Territorial Integrity

      Morocco’s red lines related to Western Sahara have been drawn, and the kingdom has reiterated that interferences with its national sovereignty will not be tolerated. The crude political response at the Spanish border of Ceuta represents the harshness of Rabat‘s diplomatic relations, choosing, yet again, to weaponize its population.

      Spain needs Morocco; indeed, Europe needs Morocco. Rabat is a crucial partner in Africa, especially given the many challenges in the region. However, Spain and the European Union should not allow the pressure and blackmail from their North African neighbor to stand because they embolden others. Spain and the EU should impose strict red lines on Morocco as well as clear and intelligent economic sanctions concerning development, education and health funds.

      Political, and diplomatic issues can be resolved with class and delicacy without cheap blows and without trivializing despair and compassion. For this, Spain needs to reach a rapprochement with Morocco regarding the status and future of Western Sahara.

      Energy and Copycats

      In tandem with Morocco’s migrant valve vis-à-vis Spain, Algeria started leveraging its gas valve to counter France’s escalation on matters like issuing visas to Algerian citizens. In this latter issue, Spain and Morocco, neither of whom are particularly close with Algeria, are collateral damage to the Paris-Algiers feud whether in the form of declining pipeline revenues or a higher power bill.

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      Since these episodes toward the middle of last year, the same playbook has been used by Moscow’s client in Minsk, who has fostered a migrant cul-de-sac along the EU’s Polish border. In doing so, Russia and Belarus are feeding the euroskeptic spirits within the Visegrad countries and beyond, which are particularly sensitive to migration and border sovereignty issues. Moreover, Alexander Lukashenko and Vladimir Putin are playing good cop, bad cop on the issue of Europe’s gas supply by offering both threats and assurances that further highlight the EU’s vulnerable dependency on external providers when it comes to energy.

      On the migration front, the European Union needs to reinforce its external borders and FRONTEX agency, particularly within the Schengen area, and formulate a common framework to tackle both migration quotas and allocation throughout Schengen member countries. Not only is the migrant reality in places like Spain, Greece, and Poland a human tragedy, but it is also increasingly a geopolitical lever weaponized by Morocco, Turkey, Belarus and other adversaries to destabilize the EU and bolster internal chaos to the benefit of figures such as Viktor Orban, Geert Wilders, Santiago Abascal, Marine Le Pen, and Eric Zemmour.

      Whether nuclear, solar or wind, a common and comprehensive European defense framework urgently requires a holistic approach that tackles the issue of energy independence, in addition to that of border security, particularly in an increasingly hostile and multipolar neighborhood.

      Building Solutions Where Possible

      Along the Maghreb, one of the best solutions would be a new pragmatic and flexible bipartisan agreement between Spain and Morocco. An agreement that commemorates the golden jubilee of the Tripartite Agreement provides a firm solution to the Western Sahara dispute in a framework that benefits coexistence in the region and maintains collaboration in critical matters such as the fight against terrorism, illegal immigration and human trafficking.

      In the same way, Spain and the EU must encourage the good behavior of Morocco with humanitarian aid and fruitful commercial relations to definitively close the post-colonial wound that sometimes reopens between the two countries.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      When Will Montenegro’s Dreams of Joining the EU Become Reality?

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      Four students, rejoicing in the good news, partied in one of the numerous Irish pubs in Podgorica. Fed up with nationalism, populism and other breeds of pestilence engulfing the Western Balkan region, they reveled in a brighter future awaiting them in the European Union. It was summertime, the Thessaloniki Summit had just ended, and the promise of EU membership had been conveyed to the region.

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      For the students, the EU was not a gold pot you could dip your hand in and harvest the low-hanging fruit. Quite the contrary, at their very core, they felt that the EU resonated with them in a peculiar but enchanting harmony. German punctuality, cars and the Scorpions’ “Wind of Change”; French “liberte, egalite, fraternite” and wine; Italian canzone and eternal Rome; Greek philosophy and the cradle of democracy; Spanish flamenco and the mesmerizing sound of guitars — all came together in a beautiful constellation, comprising the 12 stars on the blue flag.

      Fast forward two decades and one of those four students has become the minister of foreign affairs of Montenegro. Without pretending to be Dr. Nicolaes Tulp from the famous Rembrandt painting, looking back at the lost time in between, I cannot help but ask whether both Montenegro and the EU could have done better. Are we where we wanted to be?

      Montenegro Calling

      Over those years since Thessaloniki, Montenegro has accomplished a lot. It opened up its economy and became a WTO member. It has no open issues with its neighbors. It joined NATO in 2017 and is ahead of others in the region in the EU accession process. It is also the only aspiring member country showing 100% alignment with EU foreign policy. Looking at these achievements, some may wonder why Montenegro still isn’t part of the European Union.

      Well, things are never that simple. In contrast to the undeniable success of its foreign policy, the murky labyrinths of domestic politics are still blocking the country’s path to EU membership. Since negotiations with Brussels began, the ruling party has acted as if it were the sole custodian of the process. But to be successful, the course must involve the whole of society and political spectrum. Montenegro is joining the EU as a community, not as a ruling majority. Every success in this effort belongs to all political stakeholders, NGOs and other participants. The same applies to all failures.

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      Of course, the main responsibility lies with the government that creates the framework for how the accession will evolve, but the sustainability of the process can only be attained if utmost inclusion is assured. There was a persistent lack of political will to tackle the most treacherous pestilence of any society — corruption and organized crime. For too long, political stakeholders turned a blind eye to these flaws blocking Montenegro’s European path and deferred the attempts to eradicate them to better times.

      Finally, the regional context of the Western Balkans further complicated Montenegro’s course toward Brussels. No matter how much one excels in class, the performance of your classmates can hold you back. Montenegro has been a beacon of good neighborly relations. However, it exists in a region permeated with bilateral disputes that have detrimental spillover effects — an endless game of thrones.

      But every cloud always has a silver lining. In August 2020, the Democratic Party of Socialists — the heir of the Communist Party — headed by President Milo Djukanovic, suffered defeat in elections, marking the first peaceful transition of power after nearly 30 years of one-party rule. The process has been smooth; the absence of riots, rallies or protests on the streets showed how mature the Montenegrin society has become.

      The new political habitat brought to the surface new hopes, zeal and also stakeholders. There emerged a myriad of new, young politicians, with political roots in neither the Communist Party of old nor in the nationalist blocs. Young and prominent, they shine brightly, unburdened by the dark clouds of the wars of the 1990s and the legacy of clientelism. They are progressive, Western-orientated, and they truly walk the talk. They present a stark contrast to the ruling elites of the past, the indoctrinated ex-members of the Communist Party who, despite being able to subscribe to the messages coming from our European partners, never genuinely understood them. 

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      And how could they? A vast majority of these party cadres never lived abroad, never left the confines of former Yugoslavia and seldom spoke foreign languages. Unlike them, the new generations are fully in sync with the heartbeat of Europe. They have been raised on Western films, music and culture. They have studied or lived abroad and speak at least one foreign language. Most importantly, they detest corruption. Unlike their predecessors, these new Montenegrins are law-abiding not because the criminal code demands it, but because they find corruption to be a great social ignominy that mars the country’s image. In their mindset, corruption is a red line that must not be crossed.

      Against the backdrop of this mixed bag of legacies, the new government has maintained the same foreign policy and conducted, in parallel, an intrepid fight against corruption and organized crime, achieving outstanding results in a very short period of time. These results have been recognized by the EU and the international community at large.

      Thanks to these accomplishments, the myth that only one political party could lead Montenegro toward EU membership has been debunked. Montenegro’s EU and NATO partners have realized that other, young and genuinely progressive political forces are capable to reach the final destination of the country’s EU journey and that they are sparing no effort to deliver. But again, this is a process that belongs to all Montenegrins. Membership in the EU is voluntary and requires dialogue and cooperation from all sides of the political spectrum, no matter how hard it may sometimes be.

      Brussels Calling

      Let us now look at the situation from the EU’s perspective.

      It is widely known that every structure has, among others, a raison d’être, one where others look up to it and find it worth emulating. Without this interaction, its allure would be in vain, creating an inwardly-oriented edifice. This approach is embedded in the EU Global Strategy 2016, meaning that the union must become a more globally-present and assertive international actor. Its enlargement policy, which compels countries to conduct reforms to better align with the EU, is its most appealing stratagem. We in the Western Balkans understand that most clearly.  

      Societies in the former communist countries, from “Sczeczin in the Baltics to Trieste in the Adriatic,” hold this to be a self-evident truth. Enlargement policy has had a hugely transformative effect on all its beneficiary countries and represents the best of Europe to date — its attested power to unite in diversity. This is even more remarkable given the fact that the past decade has not been the easiest ride for the EU. Many crises befell the bloc one after another, including the 2008 global financial crisis, the Arab Spring, the 2015 migrant crisis, Brexit and now COVID-19.

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      I don’t think it would be wrong to suggest that some states might not have survived these great ordeals if the union, the spiritus movens of European nations and values, had not been there to support them. This structure has proved time and time again that democracies might be shaken, but, when united, they will, at the end of the day, always prevail.

      There is no doubt that the EU needs to enter calmer waters in order to recuperate from a decade of crises before it can continue to expand. Nonetheless, the dream of European might is still vivid and alive among those who have been dreaming about such a European future for almost two decades.

      For all our sakes, we should keep sharing this approach together. Enlargement is a question of credibility, something that the US realized in the wake of the Cold War and manifested in the motto “the US promises — the US delivers.” The EU, if it wishes to have a truly global status, should act along the same principle.

      In the case of the EU, credibility is twofold. First, neither Brussels nor the member states should permit themselves to leave a geostrategic blackhole in the heart of the continent. It would be a blunder, as it would lead to the penetration of other global opponents in the union’s backyard. If the EU fails to secure the very heart of the continent, it will become its Achilles’ heel that would prevent the union from expanding, consolidating and deepening.

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      On the other hand, it is also an issue of credibility for the aspiring countries. Since 2003, only two candidates have become member states, so if enlargement becomes too much of a moving target, at the end of the day, the aspiring countries might start looking to other centers of power that are more credible, reliable and able to deliver on promises.

      The Western Balkans is the only region where enlargement coincides with reconciliation among nations. And if incentives for good behavior disappear, bad behavior might prevail.

      For all these reasons, the EU has to be prudent, astute and bold enough to realize that it is much better to have the aspiring countries at the table for the sake of its future, stability and raison d’être.

      The Last Mile

      The case of Montenegro should be an easy one. A country of 620,000 inhabitants, with 75% in support for EU and NATO membership, as well as being fully committed to EU foreign policy, is something that the union could easily digest. A country this size could not, by any means, hamper the EU decision-making process.

      The benefits of this easy enlargement would be manifold. It would demonstrate that, in spite of some setbacks along the way, the EU is still delivering. That would, beyond any doubt, reinvigorate mutual trust. Furthermore, the power of the Montenegrin example would encourage other Western Balkan countries to show real interest in becoming the next member states.

      At the same time, it would be a strong signal to third parties that the region has not been forgotten, that the EU has just made a short break and now, again, claims its full right to it. That would make life easier for NATO as well by providing stability and security on its southern flank.

      The best journeys are never easy or short. But one old European state, too small to have enemies, too smart to create them and too proud to be talked down to by anyone has been on the road for almost two decades, is hurrying toward the European family of nations where it has always belonged. It is high time for Montenegro to get there and for the story of those distant student dreams and hopes, music and harmony to have a happy ending.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      What the Taliban’s Constitution Means for Afghanistan

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      In a recent webinar titled, “Recognition of the Taliban as a Legitimate Government of Afghanistan,” a participant asked me which constitution is currently in place and the status of the Afghan Constitution from 2004? I couldn’t answer because the status of the constitution was still unclear.

      In August 2021, the Taliban came to power in Afghanistan through unconstitutional means. They initially did not establish a new government or issue a decree suspending or repealing the constitution. However, when prompted by the Chinese ambassador to Afghanistan, the minister of justice noted that the Taliban plan to temporarily enact the 1964 constitution, excluding parts that contradict the principles of the Islamic Emirate of Afghanistan, the formal name of the country under the new government. Thus far, the Taliban have not released a formal document or policy statement that would indicate how they plan to govern.

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      When the caretaker administration was introduced last September, the government was modeled on a different system than the one intended in the 2004 constitution, but it shared similarities with the 1964 version. The 2004 model provides for presidential rule, and a direct vote elects a president as the head of state to serve a five-year term.

      So far, it is clear that the 2004 constitution is no longer in force in Afghanistan and that the Taliban have, more or less, restored their constitution that was drafted in 1998. Under that version, the Taliban’s caretaker administration is a theocratic monarchial system with a supreme leader, known as the amir al-Mu’minin (leader of the faithful), as its king.

      The Taliban’s Constitution

      Under its rule between 1996 and 2001, the Taliban never introduced a written constitution for Afghanistan nor validated any previous version. But they made some efforts to draft a constitution. This process began in 1998 when the leader of the Taliban, Mullah Omar — formally known as amir al-Mu’minin — issued a legislative decree under which a so-called constituent assembly — or ulema committee (a religious body of scholars) — was established, led by Maulvi Noor Mohammad Saqib, the former chief justice of Afghanistan.

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      The decree placed the power to review laws with the committee, under the supervision of the supreme court of Afghanistan. The committee’s task was to look at existing laws, including under past constitutions, and to remove articles that did not conform to sharia. The committee began working on the constitution in July 1998 and decided that the review of the previous constitution should be in accordance with the Hanafi madhab (school of jurisprudence) of Sunni Islam. Articles inconsistent with sharia would be amended or repealed and, if necessary, a new article would be added.

      The constitution was drafted after a round of sessions, but it was not approved before the Taliban were toppled by US-led forces in 2001. The preamble of the constitution notes that it was adopted in 2005 by the supreme council of the Taliban, with 10 chapters and 110 articles. The constitution’s travaux préparatoires (preparatory works) are not publicly available to show which constitution of Afghanistan was chosen as the basis for the Taliban’s version. Yet based on preliminary examination of both versions, it appears that the 1964 constitution, which was adopted under King Mohammad Zahir Shah, has been chosen as a foundation for the Taliban’s model. The Taliban’s constituent assembly has reviewed the 1964 constitution and removed, amended or added articles to the constitution that it believes contradict Islamic law.

      Despite the considerable differences between the two constitutions, many articles of the Taliban’s version are verbatim to those of the 1964 model. While not explicitly mentioned, the Taliban’s constitution provides for a theocratic ruler under the title of amir al-Mu’minin, who would be similar to a king under the 1964 constitution in terms of political power.

      The Taliban’s constitution is focused on the religious dynamics of the country, without considering the social and economic implications, and it forms the basis of the Islamic Emirate of Afghanistan. The constitution recognizes Islam as the national religion and adheres to the Hanafi madhab of Sunni Islam. Due to its similarity with the 1964 model, in principle, the constitution commits to the UN Charter, the Universal Declaration of Human Rights, the charter of the Organization of Islamic Cooperation (OIC), the Non-Aligned Movement, and other relevant laws and regulations within the limits of Islamic law and national interests. Power is divided between the amir al-Mu’minin, the prime minister or executive, the Islamic shura (parliament) and the supreme court. Ultimately, however, the amir al-Mu’minin has unlimited power to execute his will in all aspects of the government.

      To make sense of the Taliban’s constitution, it is important to examine the responsibilities of the head of state, the shura, the executive and the judiciary and the role of foreign policy.

      The De Facto King

      Under the Taliban’s Islamic Emirate of Afghanistan, the amir al-Mu’minin is the head of state. He executes his authority in the executive, legislative, and judiciary fields according to the provisions of the constitution and other laws. Under the Taliban, the amir would be an Afghan national, born to Afghan Muslim parents and a follower of the Hanafi madhab. The amir al-Mu’minin has similar immensurable powers as the king had under the 1964 constitution. For example, under that version, the king was able, inter alia, to appoint and remove prime ministers and other government ministers, issue a state of emergency, approve the national budget, ratify laws, select and dismiss judges, promote and retire high-ranking officials and declare war. The Taliban’s constitution gives the same powers to the amir.

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      Unlike the 1964 and 2004 constitutions, the procedure for appointing the head of the state is not clearly laid out in the Taliban’s constitution. Yet one of the tasks of the shura, together with the supreme court and the prime minister, is to decide on what happens in the event of the amir al-Mu’minin stepping down. The amir would inform the speaker of the shura, chief justice of the supreme court and the prime minister about his resignation. After this, a meeting between the shura, the chief justice and the prime minister takes place. However, if the amir al-Mu’minin dies and does not choose a successor, then the chief justice takes over as acting leader. 

      The constitution does not explicitly state who appoints the amir al-Mu’minin. But it does imply that the authority to appoint him rests with the shura, the chief justice and the prime minister. The one significant difference between the amir and the king under the 1998 and 1964 constitutions, respectively, is that leader of the faithful is accountable and equal before the law like any other citizen. Under the 1964 constitution, the king was not accountable and was to be respected by all.  

      Islamic Shura

      Chapter three of the Taliban’s constitution deals with the nature of the shura, the appointment of its members and its powers. Under the constitution, Afghanistan would have a unicameral shura that has, inter alia, legislative power and the interpretation of the constitution. Members of the shura are appointed by the amir al-Mu’minin for an indefinite duration. The amir would appoint three members from the first grade I provinces, a maximum of two from the grade II provinces and one from grade III provinces. (Based on criteria determined by the Afghan government, all provinces are given different grades and, according to these grades, they receive particular privileges and allocation of the national budget.)

      The members of the shura would also have met the conditions set by the ahl al-hall wa’l ‘aqd, which refers to those qualified to elect or depose a caliph on behalf of the Muslim community under Sunni Islam. The constitution does not specify a method for the appointment of this group of people. Hence, this process remains open to arbitrariness and biased selection of pro-establishment individuals of dubious credibility and competence.

      The amir al-Mu’minin also appoints the speaker of the shura from amongst existing members, but the constitution does not address the appointment of the deputy and secretary of the shura. The shura has the power to ratify, modify or abrogate laws. However, the procedure of enacting laws and abrogation of laws and how the shura will engage with stakeholders is not specified. The shura also has the power, inter alia, to oversee the actions of the government, make decisions on contentious issues, approve the state budget, ratify international treaties and agreements (together with the supreme court and the council of ministers), approve loans and grants, adopt government policies, and elucidate and question the government.

      Embed from Getty Images

      The Taliban’s constitution does not give immunity to members of the shura in case they commit a crime. Article 51 states that if a member of the shura is accused of an offense, the official responsible shall communicate the matter to the speaker. The legal proceedings against the accused would be initiated only when the speaker allows it. In the case of a witnessed crime, the official responsible can start legal proceedings and arrest a member without seeking permission from the speaker.

      Executive

      The prime minister and other ministers who lead the government are the highest executive and administrative authority under the Taliban’s constitution. Appointees to the position of prime minister must meet specific criteria. This includes being a Muslim, a follower of the Hanafi madhab and born to Muslim parents. The prime minister represents the government (executive) and he chairs the council of ministers. The prime minister can delegate his powers to other ministers, sign contracts and agreements at the government level, organize and oversee the affairs of ministries, and appoint, promote, retire and dismiss government officials.

      The government under the Taliban’s model is in charge of the country’s domestic and foreign policies, regulates the performance of ministries and independent authorities, takes necessary measures in executive and administrative matters, drafts government-related laws and regulations, drafts and amends the annual budget, supervises banking affairs, ensures public security in the country and approves external expertise recruitment. The prime minister can also propose removing ministers to the amir al-Mu’minin, but they can only be removed if the head of state gives his approval.  

      Judiciary

      Articles 70 to 82 of the Taliban’s constitution contain detailed provisions on the courts and the status and independence of the judiciary. The constitution establishes the judiciary as an independent organ of the state. The only court established under the constitution is the supreme court, while the number of other courts and their jurisdiction is determined by law. The jurisdiction of the courts to hear cases brought before them is exclusive and, as per the constitution, “under no circumstances shall a law exclude from the jurisdiction of the judiciary, as defined in this title, a case or sphere, and assign it other authorities.”

      The amir al-Mu’minin appoints judges on the recommendation of the chief justice. The number and qualifications of the supreme court judges are not determined. But for the appointment of the chief justice, an ambiguous criterion of “full competence,” or Ahliat-e-Kamil, has been laid down. The deputies and justices of the Supreme Court are also appointed by the amir al-Mu’minin on the recommendation of the chief justice of the supreme court, taking into account the criteria of religion, piety, sufficient knowledge of jurisprudence, the judicial and legal system of the country.

      Embed from Getty Images

      Under the 1964 constitution, the king could appoint judges and review their position after 10 years, but he was not permitted to remove officials from their office through other means. The Taliban’s constitution, on the other hand, does not state the terms of tenure of supreme court judges, and the amir al-Mu’minin can remove judges from their offices.

      The power of the amir to remove judges and the appointment of judges for an undetermined period brings the judiciary’s independence into question. The supreme court under the Taliban’s constitution no longer has the power to interpret the constitution under judicial review. That power has been assigned to shura. Thus, the constitution does not recognize the separation of power and enforce checks and balances.

      Foreign Policy

      According to the Taliban’s constitution, the foreign policy of the Islamic Emirate is based on the teaching of Islam, human values, securing the public interest and political independence, territorial integrity, playing an effective and constructive role in international peace, and cooperating with the international community.

      In principle, the constitution supports the UN Charter, the charter of the OIC, the Non-Aligned Movement, the Universal Declaration of Human Rights, and other internationally accepted principles and regulations, as long as they do not conflict with Islamic principles and national interests. The constitution condemns the use of force against any country and calls for dispute settlement through peaceful means. It also supports the program of disarmament and the elimination of the weapon of mass destruction.

      The Rights of Afghans

      So, with all this in mind, what does the constitution mean for the people of Afghanistan?

      First, it is clear that under the Taliban’s constitution, the public has no say in the decision-making process — neither in the form of voting, nor with holding government bodies to account. The constitution denies the people their right to elect members to the shura, choose a prime minister, pick members of provincial assemblies or select governors, mayors and members of district assemblies since, according to the Taliban, elections are considered un-Islamic.

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      Second, the selection of members of the shura by the amir al-Mu’minin opens the door for picking individuals who are close to the inner circle of the Taliban, particularly Taliban members themselves. By introducing the strict and ambiguous conditions of Ahl al-hall wa’l ‘aqd for shura appointees and a constitutional clause for the amir and prime minister to be followers of the Hanafi madhab of Sunni Islam, women and religious minorities such as Shia Muslims are excluded from positions of power and the decision-making process. Such provisions also contradict other clauses of the Taliban’s constitution, including the one that provides for equality before the law and prohibits all forms of discrimination.

      Third, the Taliban’s constitution guarantees certain fundamental rights with limitations. This, in principle, includes freedom of speech, the right to a free and fair trial, liberty, human dignity, right to property, right to assemble unarmed and inviolability of person’s residence. It also provides for certain social rights, including the chance to receive free education. Most importantly, however, it leaves the regulation of women’s education to a specific law, which limits their right to education.

      Prime Minister Mulla Hasan Akhund also confirmed such limitations in his first speech, where he indicated that only sharia education is compulsory and that women could seek knowledge in other fields if necessary. Thus, it can be inferred from his speech and the constitutional clause that the government will determine and specify faculties where women can take enroll and which the Taliban think are necessary for women. This provision itself contradicts other clauses of the constitution.

      Finally, regarding the rights of children, women and minorities, the Taliban’s constitution does not specifically guarantee their protection. However, all Afghan citizens are provided with general protection, which includes children, women and minorities.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More