Wednesday, October 13, 2010

Party Elites in the UK and the US

One usually associates elections with democracies in the modern world, not dictatorships. Competition in the political environment between varying parties is seen as a fundamental component of modern liberal democracies which, by their very nature, are an antithesis to dictatorships.[1] Dictatorships are characterized by a centralization and stranglehold on power by the ruling elite in that particular country.[2] The quote attributed to Lord Halisham[3] thus guides this essay in establishing the following about the political systems of the United Kingdom (UK) and the United States of America (USA): (1) that whilst both the UK and the USA are democracies, the real level of power which the people exercise is little allowing those elected into office to dictate the state’s agenda; (2) that the limits on such governments’ powers is very little which further entrenches the dictatorial-like qualities of those elected regimes; and (3) that greater activism on the part of citizens is required to ensure that this turned (of increasing governmental power) is turned around. This essay will contend that whilst there is an elective element to these forms of government, that the way in which they operate (as a ruling party and as a government) essentially allows them dictator-like control over the state and exercise of power.[4]

Before turning to the analysis which this essay postulates, a brief outline describing the main characteristics of the UK and US political systems is necessary.

The United Kingdom

The United Kingdom is a constitutional monarchy with a King or Queen acting as the repository of power within the state. The monarch is a titular head of state in that whilst the government acts in his/her name and he/she officially has the power to call upon any person to form a government after the election,[5] this power is heavily constrained by the customs and laws which have developed over time to limit the power of the monarch. Such a custom is that the monarch calls upon the leader of the largest party in the Commons to form a government.[6] The Prime Minister then selects his Ministers[7] that will help him steer through his agenda for his term of office. Given that there are two chambers on the British political system, the Prime Minister usually divides his appointments of Ministers between both Houses in such a way to ensure that each Department is at least represented by one person in both Houses at any time. This transfer of power has occurred as the result of a long process of struggle fro primacy between the Monarch, the Commons and the Lords. Ultimately it is the Commons that has triumphed and now has the monopoly on power as a result of its success.[8]

In the United Kingdom, parliament is sovereign meaning that the Executive[9] is answerable to it. Whilst the monarch has the right to call upon any person to form a government[10] it is the sole prerogative of the House of Commons to dismiss it through the passing of a motion of no confidence against the government. This happened in 1979 when James Callaghan’s government lost a motion of no confidence by one vote. The reason that the Commons wields such power is three-fold: (1) it would be near impossible and impractical to hold a referendum on the performance of the incumbent government especially when considering that this would effectively be an election with no (binding) result;[11] (2) it is the democratically representative chamber and is said to exercise the will of the people; therefore according to the representative model of government the people that are chosen as the representatives of the electorate (MPs) must and will best exercise their judgment in such a way that it will be in the best interest of the voters and not use their position to serve themselves;[12] and (3) it is not beyond reproach for the way in which it exercises its power, unlike the Lords and the Monarchy both of which are not elected and are thus unaccountable to the electorate who are directly affected by such decisions.

The United Kingdom uses a first-past-the-post electoral system. This is a system whereby the country is divided into various constituencies of similar voting size.[13] In order to get elected to Parliament and represent any constituency as its MP, any person need only win the largest number of votes within their constituency from amongst all candidates. This means that after all constituencies have chosen their MP, the party with the most number of MPs/seats – not necessarily the highest number of votes – can form the government.[14]

The United States of America

The United States of Americ is very different to the United Kingdom primarily for the reason that the modern USA was founded out of a rejection of the UK and its political customs and traditions.[15] Accordingly it must come as no surprise that the USA has radically altered its political system tailoring it to its own needs.[16]

The USA is a constitutional republic which strictly adheres to the policy of a separation of powers between the Executive, the Legislature (Congress consisting of both the House of Representatives as the Lower House and the Senate as the Upper House) and the Judiciary.[17] It is a political system that does not allow for an over concentration of power in any single institution of government and implicitly supports the principle of checks and balances, namely the position where one institution cannot exercise so much power so as to achieve primacy over the other two.[18] Usually, in order for a law to be passed or any other state action to be considered legitimate, it requires that at least two of the institutions (the majority) have to work together.

The Executive branch of government is independent of the Legislature and is under the leadership of the President.[19] Unlike in parliamentary systems, the Executive is very powerful and has the (constitutional) scope and ability to carryout widespread political objectives except in certain circumstances – such as the passing of the Federal Budget – for which it is essential that the Executive receive the support of the Legislature as per the principle(s) illustrated above. Unlike in the United Kingdom specifically, the United States of America has a sovereign constitution which means that it is the express and implicit provisions of the Constitution that take primacy over the state and its actions. Whilst this may lead people to argue that the judiciary in this instance defies the principles set out above,[20] this is not really the case given the intrinsic involvement that the other two instructions play in the appointment of judges[21] – thus ensuring that the country becomes a ‘judocracy.’[22]

The USA is a federal system of government which means that power is devolved between the various levels of government at federal, state and local level.[23] Whilst this division is not mutually exclusive to the USA, this type of devolution in that the different spheres of government are autonomous to varying degrees and have complete/cooperative jurisdiction over certain issues as the constitution (and subsequent jurisprudence) provides for. The aim of this form of federalism is to locate power as close to the people as possible so that they may (1) be direct recipients of the exercise of such power; and (2) hold that sphere of government to account with the greatest ease ensuring that at all times it speaks to their own localized needs. Interestingly, states were not defined in the US Constitution but were seen as pre-existing components of the states considering the confederate history of the US and the subsequent wars that were fought to unit it. There are several arguments both in favour and against federalism which will be discussed at greater length later with respect to how it contributes to the US being an elective dictatorship.

Why Party Elites Control State Power Beyond that Invested in them by the Electorate

This essay will at no times argue that party elites (i.e. the highest decision-making bodies of political parties)[24] should not exercise power when they come into office. It is a sine qua non of governments from across the political divide as it makes administration easier and less complicated than having to have large decision-making bodies make important decisions despite their being subject to internal fighting and lobbying and jockeying for position. Whilst this is not mutually exclusive to larger decision-making bodies and may be present in smaller decision making bodies, as it often is, it is obvious that larger decision-making bodies are more susceptible to such conditions as they allow for a greater access to power and more movement within the group itself. A smaller decision-making body by its very nature requires a cohesive and unified body.[25]

However, the following mechanisms used by the party elites (discussed individually below) allow them to exercise an almost dictatorial-like power over the party machinery and thus allow them to exercise a similar power over the state.[26]

1. Systemic Reasons

There are reasons which allow party elites to control their own parties even where (a) the Members of the Party itself disagree with the decision of the party elite; or (b) where that decision may be unpopular with the electorate but the part elite manage to get it endorsed anyways.[27]

There are 2 primary systemic reasons.

Firstly, the party structure allows the elite a great degree of influence in the candidate-selection process. Whilst this may be hardly applicable to newcomers, it is important when dealing with incumbents who are seeking re-election: party loyalty may be used as a criterion to determine the overall performance of the candidate and whether they deserve re-selection. The danger with this kind of process is that it may intentionally be used against independent-minded candidates who rebel against the party elite by measuring such rebellions in a quantitative rather than qualitative way. This then ignores the reasons for which a person may vote against their own party (ignoring justifiability or popularity with the electorate)[28] and rather counts the mere number of times that they may have done so. This may however apply to newcomers in the sense that newcomers in order to be selected may be made to sign various pledges to the effect that they will not rebel against the party or alternatively, that they will be made to believe that if they were to rebel against the party they will have no such long term political career which one would believe is the underlying reason for their getting involved in the first place (in addition we hope to a willingness to serve the people).[29]

Secondly, once a representative is elected, their promotion depends on their performance which is linked to the way in which they are viewed by the party elite. It is unlikely that a rebel will be brought into government as they had previously been working against the very body which they are part of. Those in whom such powers of promotion are vested will avoid promoting such persons even if they are deserving of it by an objective standard, for the subjective reason that the representative concerned did so much damage to the government. This means that representatives who have the skill and capacity to go on to becoming Ministers are forced to choose between standing up for their principles or sitting doesn’t in favour of promotion. Whilst the party elite may benefit from keeping the rebel out, it is the people who suffer for it as the party elite then abuse their position of power to govern in their own interest rather than in the interest of the nation as a whole. Conversely, some leaders may intentionally bring rebels into the government as (i) bringing them into the government creates the perception that they are being listened to and often silences them in the public as they now have direct access to power and can raise their concern, etc in private (this is especially good for the government if the issue in question is popular with the electorate);[30] (ii) allowing the rebel the spoils of high public office then incentivizes them to support the government rather than oppose it for fear of losing out on those benefits which may make their political life (a) more prestigious; (b) more comfortable; and (c) more rewarding in the sense that the access to office allows them to better pursue and advocate their positions of interest. Such buy-in then allows their opposition to be muted.[31]

2. Patronage

Party elites when in office have access to vast sums of money through their control of government agencies and departments. This means that they have the ability to, under the guise of official government business,[32] allocate resources and money that they would not have had access to otherwise, to projects that have the ‘positive’ externality of securing the party’s (and thus their) primacy and future victory.[33] The government can do this through the strategic allocation of money to the different categories of seats that exist in its political system: (a) seats in which they hold the majority; (b) seats which they hold the majority by a narrow margin; (c) seats which they can win if there is a sufficient swing vote;[34] and (d) seats that they do not hold.

Party elites buy the silence (and non-opposition) of their own members by incentivizing collusion with the elite itself. Members who hold onto those respective categories of seats (category (a) and (b)) or who want to hold onto the seats (category (c) and (d)) are incentivized to work with the party elite rather than oppose them even where this may be the right/justified thing to do.[35] In each of these instances, the party elite has the ability to manipulate the desire for incumbency amongst its own members to ensure their discipline.[36]

This is owing to the fact that in category (a) seats, despite representatives enjoying a majority, representatives would be unwilling to stand up to the party for fear that (i) the party could withdraw its support for the individual representative which may have to trigger a by-election or alternatively which isolates that person from a traditional support base, their colleagues and friends, and the institutional support which the party offers its representatives; and (ii) their opposition to the party elite would result in them either becoming grossly unpopular in their constituency if the support that they enjoy is as a result of party loyalty amongst the voters rather than loyalty to the individual or alternatively being thrown out at the next election if their opposition starves their constituency from necessary resources. Whilst the calculation in the second instance is more risky for the party elite especially if they possess a slim majority, it may work out in its favour when considering the long term implications of that decision – namely getting rid of an uncooperative representative in favour of a loyalist party member that would not stand up the elite but rather support it. This is especially the case where elections happen regularly and there is little time between them so as to turn that constituency in its favour.

In category (b) seats, it is highly unlikely that these representatives would vote against the party elite due to their weakened position: namely that they are most vulnerable to changes in electorate behaviour as they have only managed to win their seats by small majorities. Standing up to their party elites – who bring with them vital infrastructure, funding contacts and experience – are huge disincentives to take such a risk. This is especially applicable to newcomers to the political game who the party elites select for those seats in the first place so as to ensure their dependency on the party elite insofar as fostering a long-term political career is concerned which in turn ensures their subsequent reliability (as payment for such support in the first place, to pay off the feeling of indebtedness); and secondly as they not want to take any risks that may jeopardize their long-term ambitions. These types of representatives are the most dangerous to have within a party as they often feel beholden to the party leadership who wield an inordinate amount of power over them: should they stand up to the leadership of the party, given their relative inexperience, it is unlikely that they shall succeed against another candidate that is endorsed by the party elite. This is also relevant in that the mere stigma of being dropped by the party establishment is enough to turn voters away as this is often interpreted negatively by the voting public. Should the person occupying this type of seat be older or of greater experience then a newcomer, it is not difficult to imagine that they would feel a greater sense of obligation towards the party elite as if they are the former, there is greater individual risk that they incur in getting involved in politics (especially if they are established in another field/industry as if often the case) and then having to leave after barely settling in, or the latter where they would have had little or no experience of the outside world and where their employability is limited to things political, jobs which are in and of themselves narrow to come by and probably do not carry as much influence, prestige and power as the incumbents are used to.

In category (c) seats, we see that there is a direct interest of the party elite to allocate resources to these areas. This is owing to the fact that if the government is to ensure that any developments in that locality are associated with them and not the incumbent representative, they create the perception that the incumbent and the role he plays in securing them such services is obsolete. This builds up party loyalty which can translate into an election victory at the next election where the marhin of victory for the incumbent is narrow. Further, and interestingly, incumbents in these types of seats also have a difficult time in repudiating the government’s efforts as if they were to do so and the quality of life in those localities were to decrease, then the incumbent would be directly responsible in the eyes of the electorate. Conversely, if he encourages the government, he runs the risk of either seeming to be a sell-out to the other side which disincentivizes the voters he could have normally depended upon to vote for him in future (thus increasing the proportional size and chance of any challenger to unseat him)[37] or making himself obsolete in the process as the government would be supplanting his presence in his constituency. Challengers (from the same party as the ruling party) who then manage to take seats like this in future elections then move from being in category (c) seats to category (b) seats and for which the analysis above would then apply to them.

Category (d) seats are the most interesting types of seats. This is owing to the fact that the government could try a similar approach to the category (c) seats to this category but the prospects of success are very minimal. However, because these seats do not exist in isolation and form part of the rest of the country and whose socio-economic circumstances may need the help and input from the central government, we see that these bastions of the opposition party are also allowed to be co-opted into the ‘electoral dictatorship’ given that they have a vested interest in ensuring that their respective constituencies are granted the money and programmes that are necessary to for them to improve and which have the positive externality of increasing those representative’s popularity. This is typified by the USA’s Blue Dogs.[38] In this particular instance we see that the constituency-based electoral system allows the individual representatives to break with a uniform position taken by the party leadership when it is in the best interest of their electors (usually a good thing) but that this can be manipulated by the government when applied to opposition members and buying their cooperation on a series of issues in exchange for listening to them on others.

In each of the above examples we see that party elites are able to go to great lengths to limit the opposition they face and thus behave as ‘electoral dictatorships.’ Through the manipulation of the incentives that exist for representatives we see that they are able to solidly their own primacy and ensure that both members of their own party and members of the opposition buy-in to their programmes through the offering of various awards that are necessary for them insofar as ensuring that service delivery (both perceived and actual) occurs.[39]

Can the Judiciary Limit the Power of the Electoral Dictatorship?

Whilst in both the UK and the USA the judiciary has the power and the ability to overturn the decisions of the government[40] (which we have referred to as the electoral dictatorship) in reality we find that this power is greatly undermined by three factors.

Firstly, the Judiciary is incentivized as an institution to remain in tune with and give effect to popular trends within society. This occurs in two ways: through assimilation and application. With respect to assimilation, judges do not exist in isolation to society. They are influenced by the discourse within any state and further are subject to their own beliefs and prejudices. Accordingly, they may have an inherent political bias or prejudice towards the government. In the case of the former, the result of this is that the judiciary continues to be seen as a legitimate institution which gives express view to the opinions of the majority. In the case of the latter (or where the interpretation of law given by the judges is discordant with the popular views in society) there is the propensity for the judiciary as an institution to become increasingly obsolete either through their own doing (as the gap between normative concepts of rights and the reality of daily life increases) or through sustained governmental attack – which the government is not above doing especially where the judiciary stands in the way of it monopolizing its political power and legitimacy. We see therefore that these choices (and the opportunity cost) of making such decisions which pits the judiciary against the government acts as a direct disincentive for the judiciary to not undermine the power of the ‘electoral dictatorship.’[41]

Secondly, in both the UK and the USA, both the incumbent governments have great influence within the appointment process of judges. This in and of itself seems, prima facie, to be in violation of the separation of powers principle. The government as an institution should not be allowed to appoint those judicial officers who in the future may need to hold that same government to account. Whilst insulated by things such as security of tenure and arduous procedures through which they may be removed from office, this does not eliminate the propensity for these judicial officers to use their office in favour of the government which allowed them to ascend to the pinnacle of their career. Whilst subject to public scrutiny, we see it is those same safeguards that protect the judiciary from open and unadulterated interference that also protects them from open and unadulterated critique (even though such may be justified). This is further emphasised by the fact that any judge who manages to get appointed, particular in the USA, where they are subject to intense politicalization of the appointment process are not only an aggregation of political interest from opposite ends of the spectrum, but also a compromise candidate who may not feel comfortable kicking their gift horse in the mouth.

Thirdly, judicial undermining of the government gives rise to the counter-majoritarian dilemma. This speaks to the situation where the judiciary, through a strict or unpopular interpretation of the Constitution is said to effectively disallow the ‘will of the majority’ to be given effect to by their elected representatives. In such a case judicial authority disallows the express will of the majority of the people – which is a fundamental tenet of democracy. Further, there is the problem of the democratic deficit. This is similar to the problem of counter-majoritariansim in that it highlights the problem with the judiciary in that they have no real sense of accountability to the elected structures of government.[42] In each instance, the judiciary is disincentivized from undermining the government as it realises the importance of an engaging electorate which, if they continue to undermine the government they have elected, they may contribute to increasing the apathy amongst voters.[43] This in and of itself is bad owing to the fact that a minority government may come to power as the proportional sizes of voting support groups changes (increases in relation to others) whereas actual numbers of voters decreases.[44]

Can Greater Voter Activism Turn this Trend Around?

Two primary examples of voter involvement show that there is potential for the turn-around of political elitism in the UK and the US. Militant Tendency[45] and the Tea Party Movement[46] respectively. Without going into the merits of each movement (which lie outside the scope of this essay), there are two conclusions that the establishment of these movements can show us:

Firstly, that grassroots organisation and infiltration tactics of the establishment parties can bring about change. Whether that change is sporadic or sustained depends on whether or not the persons committed to these movements are willing to subject themselves to possible marginalization by the party elites. If they are willing to withstand such pressures, the movements may be successful in allowing for a repositioning of the party to which they are attached. The success of such repositioning with respect to winning votes depends yet again on the considerations of the circumstances in which the exist, however the mere fact that it happens (i) peaks voters interests as to the party and its matters; and (ii) acts as an incentive for other moderates/people who are not involved to get involved as it demonstrates that their involvement within the party is not for no reason at all and that they may attain some degree of success.

Secondly, that party elites respond to such pressures only when they themselves and their primacy within the organisation (irrespective of whether they are in government or in opposition) are challenged.[47] The threat of losing their incumbency and the access that it allows to further opportunities means that when people threaten that – and in the case of voters when they vote strategically to put pressure on their representatives – party representatives are more likely to feel beholden to those issuing the threat. In the case of voters, this undermines the party elite and ensures that representative democratic model of government is given greater effect to.[48]

Conclusion

Even though one associates democracies with competitive elections, this essay has shown that in certain circumstances, specifically in the case of the UK and the USA, the governments are dictatorial in nature despite the fact that they may have been elected into office. Even though there may be elements of competition in these systems, it is difficult to ensure that the true intention so voters will always be spoken to by elected representatives. The complete hold on power which they enjoy and the lengths to which they are willing to go in order to ensure their incumbency and primcy through manipulating the incentives of individuals from their own and other parties indicates that Lord Hailsham’s critique of modern governments in accurate and applicable.





[1] Democracies are governments in which “supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.” http://dictionary.reference.com/browse/democracy.
[2] Dictatorships are a system of government where the rulers of that country exercise “absolute, imperious, or overbearing power or control” over the rest of the population. http://dictionary.reference.com/browse/dictatorships.
[3] http://en.wikipedia.org/wiki/Quintin_Hogg,_Baron_Hailsham_of_St_Marylebone.
[4] Jones, P. R. and Cullis, J. G. 1986. Is Democracy Regressive? Public Choice. Vol 51. No 1. pp 101 – 107.
[5] It is convention from the 20th century onwards that the Prime Minister should be a Member of Parliament sitting in the House of Commons. This is such a strong convention of the British political system that the last Prime Minister who was appointed whilst in the House of Lords, Sir Alec Douglas-Home, renounced his membership of the upper House so that he could contest a by-election to sit as an MP in the House of Commons which he did. This is symbolic of the modern development in the British system that it is the House Commons – as the chamber most representative of the Commoners/everyday men and women of the United Kingdom – which has the moral and political legitimacy to exercise power and govern the country given its election by to that position.
[6] Should he be unable to do so given that he does not command a Commons majority (i.e. his party has the most number of seats in the Commons but does not have an outright majority) he is entitled to form a coalition that would be in the majority. This is what happened this year after the results of the UK 2010 General Election allowed the Conservative Party to hold the most number of seats in the Commons whilst falling short of an absolute majority. The Rt. Hon. David Cameron MP (the leader of the Conservative Party and now the Prime Minister) was called by HRH Queen Elizabeth II form a government, which he did despite his lack of an absolute majority as he had previously agreed to form a coalition with the Liberal Democrats (under the leadership of The Rt. Hon. Nick Clegg MP) which allowed both parties sitting together to command a Commons majority. This is seen as a better alternative to forming a minority government where the party with the largest number of seats but not an absolute majority attempts to govern for as long as it can until such time that it looses the confidence of the House upon which it relies to carry out its political programme. Such was the case with the government of The Rt. Hon. James Callaghan MP.
[7] Secretaries of State (and other invited persons, such as the Chief Whip) being entitled to sit in the Cabinet and are allowed to be referred to as “the Right Honourable” by virtue of their appointnment to the Privy Council; Ministers of State (some of whom may be appointed to the Privy Council for special reasons such as sharing a close political connection to the Prime Minister or for long service, as in the case of The Rt. Hon. Oliver Letwin MP) who serve in various Departments under Secretaries of State; Under-Secretaries who serve below Secretaries of State and Ministers; and Private Parliamentary Secretaries who are not official government Members but who provide political assistance to Secretaries of State/Ministers as the case may be.
[8] For a brief history on the history of Parliament see: http://en.wikipedia.org/wiki/House_of_Commons_of_the_United_Kingdom.
[9] i.e. the Prime Minister and his Government.
[10] Note 4 supra.
[11] Wolbrecht, C. and Campbell, D. E. 2007. Female Members of Parliament as Political Role Models. American Journal of Political Science. Vol 51. No 4 (October).
[12]Indeed when it comes to voting against their own party in a motion of no confidence (possible although not often the case), MPs are expected to be selfless as they are expected to dismiss a government if they are deserving of it even though (a) they may be voting against their own party (and friends); or (b) the onset of a new general election – which a successful motion of no confidence initiates as a method of replacing the government in which the Commons as the representative chamber of the people – may result in them losing their own seat (especially if on the losing side).
[13] i.e. with a similar number of electors although not necessarily the same size geographically.
[14] Joyce, Peter. 2006. Teach Yourself: Politics. Reading, Berkshire. Hodder Education.
[15] Pancer, S. M., Brown, S. D. and Barr, C. W. 1999. Forming Impressions of Political Leaders: A Cross-national Comparison. Political Psychology. Vol 20. No 2 (June). pp 345 – 368
[16] Heywood, Andrew. 2007. Politics (Third Edition). Hampshire and New York. Palgrave Macmillan
[17] http://www.businessdictionary.com/definition/separation-of-powers.html.
[18] http://www.merriam-webster.com/dictionary/checks+and+balances.
[19] This further reemphasises the separation of powers doctrine as the President may be of one party and the Legislature may be in the control of the other. This allows a further bulwark against the overwhelming powers of the Executive and vice versa. This was the case with President Bush post-2006 midterm elections where his own Republican party lost control of Congress to the Democrats which allowed the Democrats to then use their position as an opposition party in control of Congress to curtail the President’s programmes initiative which they – and seemingly the electorate – were opposed to by virtue of being elected as the majority. The positive externality of this system of government is that it allows the electorate to curtail the powers of the President midterm (as happened with Bush Jnr. in 2006, his term ending in 2008) without having to necessarily incur the expense and the logistical burden of a general election. It also acts simultaneously as a referendum on the president’s performance thus far – a poor result indicating that more work would need to be done to secure a second term/that his or her predecessor from their own party has a better chance of winning; whilst a good result boosts the President’s legitimacy and chances of re-election (or in the case of a second-term President, the chances of allowing his own party replacement to succeed him). This happened to Presidents Clinton and Bush Jnr.
[20]See an example of this at http://theweeklywhip.blogspot.com/2010/05/judicial-independence-in-south-africa.html (concerning South Africa’s Superior Courts Bill [2006] and a possible argument as to why the judiciary wields too much power in a democracy).
[21] Note 14 supra for further arguments as to why judicial independence is both legally and politically sound in a democracy.
[22] http://www.indianexpress.com/oldStory/6058/.
[23] Wilson, J. 2008. American Government. USA, Houghton Mifflin Company.
[24] In the UK where there is a more rigid and unitary party structure, this usually refers to the Leader of the Party and his Executive structure of the party – many of whom sit in the government as Cabinet Ministers, etc. In the US this is somewhat different given the country’s federal nature and refers to the decision-makers at the highest level of the part who collude with each other to ensure that the President is able to carry out his agenda. This extends to State Party formations which may use their influence and control to reign in errant Senators/Congressman who threaten the President’s primacy.
[25] Caprara, G. V., Barbarnelli, C. and Zimbardo, P. G. 1999. Personality Profiles of Political Parties. Political Psychology. Vol 20. No 1 (March). pp 175 – 197.
[26] It is important to bear in mind that in the UK the government usually sits with a majority. This means that an opposition will only be successful in managing to defeat the government – even where the government deserves to be defeated – if members of the ruling party (usually those on the backbench) turn against their own leadership. See http://news.bbc.co.uk/2/hi/uk_news/2802791.stm for a chronicle of the rebellions that were suffered by the Blair Government. Despite none of them being successful (although many of them should have been) it illustrates to what degree the party elites are able to silence internal dissent when it is often the only type of dissent that may succeed. This essay will point out a t a later stage as to how this will not even happen in the case of a coalition despite the propensity for disagreement as is the case currently in the UK. In the United States, whilst this is not always the case (that the President and his party are in control of both the Presidency and Congress at the same time), we see that: (a) in scenarios that they are, the issues pointed out to by this essay occur anyways; and (b) in scenarios where they are not, the President still has the ability to court members of the opposite party to assist him for whatever reason (explained later) to get his initiatives passed through Congress.
[27]Howard, P. N. 2005. Deep Democracy, Thin Citizenship: The Impact of Digital Media in Political Campaign Strategy. Annals of the American Academy of Political and Social Science. Vol 597 (January). pp 153-170
[28] Parties may do this even if it means losing a seat for one election cycle so that they can get rid of persons they deem damaging to their cause.
[29] Williams, P. 2004. Who’s Making UK Foreign Policy. International Affairs (Royal Institute for International Affairs 1944 – ). Vol 80. No 5 (October). pp 911 – 929.
[30] See John Major’s appropriation of Linden B. Johnson’s maxim: it’s better to have the bastards in the tent pissing out, than outside pissing in.” http://www.guardian.co.uk/politics/1993/jul/25/politicalnews.uk.
[31] Crowley, J. 2001. The Political Participation of Ethnic Minorities. International Political Science Review. Vol 2. No 1 (Jan). pp 99 – 121.
[32] Which is supposed to be non-partisan by virtue of the fact that it is done on behalf of the state that is supposed to be equally accessed by all people living within the state as well as to provide to them.
[33] Referred to as “pork barrelling” in the USA. http://www.answers.com/topic/pork-barrel.
[34] http://www.thefreedictionary.com/Swing+vote.
[35] Klein, Joe. 2006. Politics Lost. New York. Broadway Books.
[36] Dworkin, R. 2006. Is Democracy Possible Here? Princeton University Press. New Jersey. Princeton.
[37] This obviously ignores the wrath he would face of his party colleagues that may or may not take kindly his so-called collusion.
[38] http://www.c-span.org/guide/congress/glossary/bluedog.htm.
[39] Novkov, J. 2008. Rethinking Race in American Politics. Political Research Quarterly. Vol 61. No 4 (December). pp 649 – 659.
[40] In the UK this is through the application of legislation such as the Human Rights Act 1998 which gave effect to supranational legislation (European Convention on Human Rights) that allows for such a power. In the USA, much like in South Africa, the power of judicial review is guaranteed by the Constitution.
[41] Kennedy, H. 2004. Just Law. Vintage. Great Britain. London
[42] Both the ‘counter-majoritarian dilemma’ and the ‘democratic-deficit’ are explained in Corder, H. 2009. Judicial Authority in a Changing South Africa. University of Cape Town..
[43] Aarts, K. and Semetko, H. A. 2003. The Divided Electorate: Media Use and Political Involvement. The Journal of Politics. Vol 65. No 3 (August). pp 759 – 784.
[44] Sanders, D. and Norris, P. 2005. The Impact of Political Advertising in the 2001 UK General Election. Political Research Quarterly. Vol 58. No 4 (December). pp 525 – 536.
[45] http://www.militant.org.uk/.
[46] http://teapartypatriots.ning.com/.
[47] Holcombe, R. G. 2005. Government Growth in the Twenty-First Century. Public Choice. Vol 124. No 1/2 (July). pp 95 – 114.
[48] Yule, V. 1985. Representative Government. Political Psychology. Vol 6. No 3 (September). pp 519 – 524.

Thursday, October 7, 2010

The Record of the TRC: A Critical View

The Truth and Reconciliation Commission (TRC) was devised as both a political and legal response to the phenomenon of Apartheid. It was envisaged that the TRC as an institution, would facilitate the healing of the wounds that Apartheid – and the response it inspired – inflicted on South Africa as a nation. Whilst the TRC did achieve some degree of some success,[1] the TRC has been roundly criticized on two fronts: firstly with respect to the granting of amnesty (as in the case AZAPO v President of the Republic of South Africa[2]); and secondly with respect to reparations and the liability of business that traded with and in the Apartheid State (as in the Khulumani case[3]). This essay will argue that with respect to the first criticism, the provision of amnesty was vital to the (relative) success of the TRC and that had amnesty not been used South Africa would have been poorer for it. With respect to the second criticism, this essay will argue that in general the way in which reparations has been handled has undermined the TRC’s aims and specifically, with reference to Khulumani, that better measures must be taken to allow the TRC to have a greater effect.

The Truth and Reconciliation Commission was established in terms of the Promotion of National Unity and Reconciliation Act.[4] The purpose of the Commission was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes constituting human rights violations (by both sides). The TRC was a deliberate attempt at restorative rather than retributive justice as it wanted to avoid the stigma of being in favour of the victor to the detriment of the loser.[5] The TRC operated through a committee structure, each of which focused on a specific aspect of investigation.[6]

In AZAPO v President of the Republic of South Africa,[7] AZAPO challenged the constitutionality of granting amnesty to persons who had confessed their involvement in crimes constituting human rights violations. They specifically challenged s20(7) of the Act[8] which provided that:

'no person who has been granted amnesty in respect of an act, omission or offence shall be criminally or civilly liable in respect of such act, omission or offence and no body or organisation or the State shall be liable, and no person shall be vicariously liable, for any such act, omission or offence'

The effect of this provision is that any person who had confessed to being part of such crimes – whether directly or indirectly - would not be able to be held criminally or civilly liable for their action. A further ground for their application was in terms of s22(7) of the Interim Constitution.[9] AZAPO argued that it was right and proper that any person who committed any act of violence (especially those acting within the ambit of their employment for the state) be duly punished by a Court of law both civilly and criminally.

The Constitutional Court, exerczing its role as the defender of the gains of the new South Africa,[10] in dismissing these challenges to the Act holding: (1) that this was the correct position with respect to generating a holistic picture of how far the violence of the state spread during this period and that whilst it may violate one’s normal sense of justice (that a wrongdoer is not held liable for their wrongful conduct), in this case, special considerations had to apply[11] namely (a) the closure that the furnishing of such information would bring to the family and organisation of affected persons; and (b) the overall benefit that society would derive from knowing to what extent Apartheid had inflicted damage on society where it need not have existed;[12] (2) that the Interim Constitution of the Republic made for such provision of amnesty and this was almost universally accepted by political representatives across the spectrum and accordingly thus it was politically, morally and given that it had been promulgated through legitimate means, legally valid.[13]

Pursuant to these reasons, the Court was correct in upholding that the awarding of amnesty was correct[14] given:

Firstly, that in allowing the differing parties an outlet to come clean, it deprived them of the impetus to demand retributive justice. This in an extreme sense could have given rise to greater politically motivated violence which may have had the effect of destabilizing the state. A state at war with itself would have never been able to make the political and economic strides that it would have needed to have made in order to allow the healing to occur. Further, it would have been accepted in the international community. Both of these reasons collectively disturb the degree of normalcy that is needed within any country in order for any form of collective development to occur. This allowed society to benefit with minimal social cost.

Secondly, the provision of amnesty, which acted as an incentive to perpetrators of crime to come forward was essential as the persons who were in possession of such knowledge – if they were not given any form of indemnity – would fear further persecution in the new South Africa if they had not been given this guarantee. One could justifiably argue that in a scenario where such perpetrators had a monopoly on the facts available, that such an opportunity cost was a small price to pay. This is especially the case where even though persons who had come forth and made such disclosures were protected in the formal sense, the risk they undertook was still great as informally they would still be subject to social prejudice and in extreme cases, violence. The offering of amnesty allowed the state to create the impression and perception that such persons, whilst not able to escape due criticism, were to be treated normally and not persecuted and entreated to mob justice which would have potentially given way to the situation described above.

Accordingly, I must disagree with the good Professor with respect to her assessment of the role of the TRC with respect to the achievements it has made concerning the awarding of amnesty.

However, the way in which the issue of reparations has been dealt with has left much to be desired. Whilst the Constitutional Court acknowledged that:

“the epilogue required that a law be adopted by Parliament which would provide for amnesty and it appreciated the 'need for reparation', but left it to Parliament to decide upon the ambit of the amnesty, the permissible form and extent of such reparations and the procedures to be followed in the determination thereof, by taking into account all the relevant circumstances.”[15]

Hence, I am of the opinion that the way in which the issue of reparations has been dealt with has undermined the advancement of South African society towards being reconciled and the role of the TRC in facilitating that process.

The Khulumani case was brought by a group of persons who had endured brutal treatment at the hands of the Apartheid regime and is aimed at ensuring that companies that operated in South Africa during the Apartheid regime and who directly or indirectly through its financial support, prolonged the life of the regime and the misery that it was able to impart to the majority of South African citizens.

There has been some dispute as to the appropriateness of the claim and the forum in which it is presently being heard.[16] However the conclusion that one must draw from this matter – a fact to which both sides in this lawsuit concede – is that for as long as the reparations system in place remains inadequate, whatever political gains have been made since the culmination of the TRC, the lack of goodwill illustrated through economic commitments of reparations, will continue to undermine it. This is primarily based on two reasons:

Firstly, the lack of commitment from either the government (or as in the Khulumani case) companies, to show goodwill to the victims of the regime, allows for a continuous battle to be waged about the detriments of the Apartheid system. The time and energy spent on this detracts from society moving forward. The focus of society at large keeps the wounds of that time frame raw and does not allow the bitterness which people may harbour towards the regime, and other parts of society that may resemble the regime, to be normalised with political engagement being treated as a matter of policy as opposed to racial differences. The effect of this is that the development of South Africa as a non-racial society continues to be undermined. Whilst this argument may seem to be i favour of the idea that the plaintiffs in this matter should drop their lawsuit, this is not true when it is borne in mind (i) the great profits that these companies made from their association with the regime; (ii) the ease with which they can pay such reparations and (iii) the overall social utility that can be achieved from their payment.[17]

Secondly, if this does not come to fruition, the incorrect perception that the TRC did not do its job properly will continue to exist in society. Many authors are of the opinion that the TRC was the incorrect forum through which reparations for specific cases should have been awarded and what its primary role was – and that which it did fulfil – was about discovering the truth so that people could gain some semblance of closure and be allowed for their lives to take on a semblance of normality despite the fact that normality may come from grief.[18] Had the TRC been given the discretionary power to award individual reparations the further negative precedent could have been allowed to develop where the monetary award given could have been conflated with the impact and seriousness of the harm that was suffered by the victims which is neither what the intention of reparations is nor what it should be about representing. Further, the success of Khulumani will ensure that the role of the TRC is not trivialized to the issue of reparation alone: an important feat considering the political developments it gave way to.[19]

For as long as the issue of reparations remains outstanding and for as long as the victims and families of victims of Apartheid are not given some tangible form of justice, the role of the TRC and the vital contribution it made to the healing of South Africa, through the awarding of amnesty.[20] If this situation continues to occur it is inevitable that the TRC process will come to be viewed through the lens that Professor Narnia Bohler-Muller suggests.

[1] Stanley, E. 2001. Evaluating the Truth and Reconciliation Commission. The Journal of Modern African Studies. Vol 39. No 3 (Sep). Cambridge University Press. pp 525 – 546.
[2] 1996 (4) SA 671 (CC).
[3] In re South Africa Aparthied Litigation, 346F.Supp.2d. 538, 542 (S.D.N.Y., 2004))
[4] Act 34 of 1995.
[5] This was an important aspiration of the Commission. Further reasons as to its significance will be given later in the essay.
[6] The Human Rights Violations Committee focused in Human Rights violations between 1960 and 1994; The Rehabilitation and Reparation Committee was tasked with restoring victim’s dignity and formulating proposals to assist with rehabilitation; and The Amnesty Committee which considered applications from individuals for amnesty in accordance with the Act.
[7] Note 2 supra.
[8] Note 3 supra.
[9] Interim Constitution of the Republic of South Africa, 1993.
[10] Gibson, J. L. And Caldeira, G. A. 2003. Defenders of Democracy? Legitimacy, Popular Acceptance, and the South African Constitutional Court. The Journal of Politics. Vol 65. No 1 (Feb). Cambridge University Press. pp 1 – 30.
[11] Note 2 supra. Paragraph [30] at 689D-690A/B
[12] Note 2 supra. Paragraphs [36]-[37] at 693C-I
[13] Note 2 supra. Paragraph [10] at 681D-I
[14] Gibson, J.L. 2002. Truth, Justice and Reconciliation: Judging the Fairness of Amnesty in South Africa. American Journal of Political Science. Vol 46. No 3 (July). Midwest Political Science Association. pp 540 – 556.
[15] Note 2 supra. Paragraph [47] at 696F-H/I.
[16] Amici Curiae Brief (Law Professors in Support of Defendants). 2009
[17] Judgment of Shira A. Schneindlin U.S.D.J in the matter of Khulumani et al v Daimler AG et al 2009.
[18] Nagy, R. 2006. Postapartheid Justice: Can Cosmopolitanism and Nation-building be Reconciled? Law & Society Review. Vol 40. No 3 (Sep). Blackwell Publishing. pp 623 – 652.
[19] Nemeroff, T. 2009. Untying the Khulumani Knot: Corporate Aiding and Abetting Liability Under the Alien Tort Claims Act After SOSA. www3.law.columbia.edu/hrlr/hrlr_journal/40.../Nemeroff_Final.pdf
[20] Nagy, R. 2004. After the TRC: Citizenship, Memory and Reconciliation. Canadian Journal of African Studies. Vol 38. No 3. Canadian Association of African Studies. pp 638 – 653.

The Role of Religion in the Middle East

Religion – whether followed or not – is widely considered to be an integral part of a person’s identity. The values that an adherence to that religion necessarily imbibes in a practitioner of a particular religion, or the values that emerge as a result of an active choice to set oneself apart from religiosity and its associated value-systems, has a profound impact on the way in which a person or group of persons operate in any given environment.[1] Using religion as the main method of analysis, this essay will examine the role that religion plays in its influence on political life in the Middle East. It will do so through the isolation and extrapolation of key historical examples which may allow an observer of the Middle East to draw general conclusions about the relationship in the Middle East between religion and politics.[2] Whilst this phenomenon is by no means particularistic to this region,[3] the influence that religion has had on this region and its political developments however deserves specific attention.

This essay will focus on three examples for the purpose of making such generalizations: (1) the role of religion in Iran (focusing on the events leading up to the Iranian Revolution of 1979 and how this has impacted the formation and sustenance of the state of the Islamic Republic of Iran thereafter); (2) the role of religion in the ongoing Israeli-Palestinian conflict; and (3) the role of religion with respect to the United States and its geopolitical involvement in the region.

These examples allow an observer of the Middle East the added advantage of looking at the region through actor-centric analysis. The first example allows one to examine the Middle East through the cleavages which may separate actors and differentiate them – thus highlighting how religion can be a problem with respect to regional coordination and cooperation. The second example however seems to contradict this by offering one an insight into an issue that allows for a higher degree of Pan-Arabism which then, in terms of the third example, allows for foreign actors to the region a better and more nuanced understanding of the varying incentive-structures that exist within the region and how they may be utilized so as to maximize opportunity for influence.[4] Further, this actor-centric analysis allows one to establish how states within the region relate to their own citizenry and what potential implications this may have to the advancement of democracy within the region. Such a sophisticated understanding of the politics of the Middle East is also necessary if not vital for the observer of the region to avoid unsubstantiated and superficial assumptions of the way in which the region operates.[5]

The role of religion in Iran

Iran has always been a special case in the Middle East. This is owing to the fact that unlike most other countries in the region, it is comprised of a majority of Shiite Muslims whereas Shiites throughout the rest of the world are a minority to the Sunnis. Whilst both believing and belonging to the faith of Islam, Shiites and Sunnis differ insofar as the leadership of the Umma[6] is concerned. This difference has over time led to a great divergence in not only the religious and cultural practices and beliefs that both communities exercise, but has also influenced the ways in which they carry out and give effect to their concepts of politics, justice, economics and the like.[7] The difference between the Sunnis and the Shiites is that the former group believe that the Umma can be led by any person who could prove that his claim to lead the Muslim world was justified by his ethical, moral and intellectual qualities befitting his stature as leader whereas Shiites are of the opinion that the leadership of the Muslim world is limited to the family of the Prophet Mohammed and that any person who would claim to lead the Umma after his death would have to be a direct descendant of his.[8]

Whilst this difference between Sunnis and Shiites may seem pleonastic in the extreme, it is nonetheless important to it bear in mind when considering how such religious differences manifest themselves in other ways. As Zonis argues:

“ the most astounding feature (of Shiite theological thought) is an attitude of mind which refuses to admit the majority opinion is necessarily true of right.”[9]

Prior to the Revolution, Iran was a monarchy ruled by various dynasties.[10] The House of Pahlavi was the last dynasty to ascend to the throne of Iran. The Pahlavis are often referred to as the ‘Hollywood dynasty’ given their preference for a modern lavish lifestyle that seemingly valued Western materialism over Islamic detachment from materialist priorities. Further the Pahlavi rulers were characterized as being corrupt and indulgent of a lifestyle that could not be sustained by the Iranian economy especially considering that the general population was faced with grinding poverty.[11] Whilst the Revolution may have been justified in that it wanted to bring to an end a corrupt and self-serving regime and honour the religion, customs and traditions of the people of Iran, the development of a full scale theocratic state in which little or no democracy was evident[12] – something that the proponents of the Revolution had promised as a method of uniting the entire country[13] – and to which no accountability and checks and balances could be brought irrespective of the power abuses it may have committed leaves much to be desired.

The effects of this religious outlook and the Revolution is two-fold:

Firstly, it has resulted in the situation where Shiites believe that they have the monopoly on the interpretation of Islam and that only their interpretation of Islam is correct. This means that (a) Shiite society has developed a tendency – as demonstrated by their constitutionally enshrined principle of velayet-e-faqih[14] – to be unwilling to accept any form of pluralistic discourse within their country other than those expressly permitted by the jusrists themselves; and (b) that the construction around being Muslim in Shiite countries has been tied to the singular and prescriptive interpretation of theologians who may abuse their position of religious trust for gain in political office which they simultaneously hold.

Velayat-e-faqih was the system of rule that was introduced to Iran after the Revolution in 1979 through which the leader at the time, Ayatollah Khomeini was able to solidify his role as leader within the Revolution and within the framework of the newly founded Iran thereafter.[15] This system of rule is premised on the idea that in the absence of the twelfth Imam, the most learned spiritual leaders of the Umma would guide the Muslim world in his absence. These leaders, would rule the Umma either collectively or at the behest of one of their own (i.e. the Ayatollah) should he display such ability. It is interesting to note that Shiite doctrine expressly acknowledges that whilst the Ayatollah (or in the case of there being no Ayatollah, the learned religious leaders of the Umma sitting collectively as a religious council) is not as infallible or as exalted as the Imam himself would nonetheless have the ability to provide guidance for the Muslim world. However, being superimposed into that position of leadership allows for the qualities of infallibility and devoutness to be applied to him (or them as the case may be) by implication.[16] This process of superimposition is important as it gives this religious leadership of the state the same kind of universal legitimacy and ‘power’ as the Imam himself even though there is no actual evidence even by their own admission for their exalted status other than a particularly construed interpretation of the Quran. The result of this is that any opposition raised against the clerical leaders (either as a religious council; in the form of the Ayatollah; or both) is easily dealt with by claims of being un-Muslim. In other words, these religious leaders who assimilate formal political power place themselves in a position similar to that of the unimpeachable religious figures of Islam and are thus able to rule the state without any form of accountability or criticism. The danger then of this form of government is that these religious leaders may interpret Islam in an unethical or dishonest manner which may be used to the specific detriment of population groups that they may disapprove of such as women and/or dissidents within Iranian society itself (especially those who threaten the institutionalized hold on power that religious leaders in Iran have). This is particularly evident in the way in which moderate elements of the Iranin Revolution led by clerics such as Ayatollah Murtaza Mutahhari were eliminated from the arena of public discourse and deprived of their public legitimacy as being too ‘soft’ on things which were deemed to be un-Muslim.[17]

Interestingly, the fact that a concept like velayat-e-faqih is wrapped in Western hallmarks of legitimacy such as being in a Constitution, does not detract from the fact that the formal measures in place to give the Iranian state legitimacy do not surmount the substantive problems which this religious formation of the state presents. However, this is a powerful tool when considered that the state already enjoys a high degree of religious legitimacy and is used as a legal ground with which advocates of the Iranian state may argue against any challengers thereof. This allows the incumbent establishment leadership of the state of Iran to monopolize and dominate political discourse.[18]

Further, the implication of this is that in order to claim one’s full identity of being Muslim, one must subject themselves unquestioningly to such dictates of those religious leaders who are effectively acting in the name of the rightful leaders of the Muslim world. This is an effective tool for quelling any discontentedness within the state as people are generally not willing to run the risk of undermining their religion – a fundamental component of their identity with effects in the afterlife – for minimal gains that may or may not be made in the here and now.[19] Given that the dictates were directed against Western manifestations of modernisation and liberalization, despite them being incorrect and corrupted manifestations in and of themselves, it meant that any of the good that these ‘western’ political developments could potentially bring to the state – such as greater equality, limits on the abuse of power and so on – were cut off as they had been tainted by association with the previous religiously bankrupt regime. This is easy to do when the cause of such hardship previously suffered by the Iranian people is painted as being something closely associated to and promoted by the West, namely democracy. With people already hesitant to challenge the current order that exists in Iran on a spiritual level it is not difficult to understand why public opinion also hardens against the advance of democracy: no-one supports a political regime that means life gets harder for the people who are subject to it.

The brilliance of this strategic use of religion for political ends therefore means that any marginal gain that the state makes – even if not directly as a result of the action the now religiously constituted state takes (barring the possibility of it being as a result of the changing economic environment in which the state exists) – can be attributed to the new religious configuration which thus reinforces its primacy as the political model of choice.[20] Any religiously constituted state therefore automatically seems as a better alternative to the poor experience of statehood that the people – with whose buy-in it is necessary for any Revolution to be successful – would have lived through thus far.

Secondly, it has resulted in the rest of the (Sunni) Muslim world having to adopt a similar trenchant outlook towards their role in Islam. This is owing to the fact that a failure to do so allows Shiite interpretations and beliefs to (i) gain greater perceived legitimacy through facing no opposition; and (ii) influence the rest of the Muslim world with respect to the systems of government they have chosen. Sunni opposition therefore is a reaction which is aimed at ensuring Sunni thoughts and beliefs their own relevance and legitimacy. Further, the hesitance with which they have been willing to accept any Western-centric political developments has been owing to the fact that (i) such assimilations merely add credence to the Shiite belief and accusation that the Sunnis are religiously inferior – through their succumbing to the influence of supposedly un-Islamic political ideologies; and (ii) such dissociation has been imposed out of fear that an adherence to these ideologies could result in their domestic populations being similarly incentivized to initiate a Revolution – which may be bad for the stability of the individual state and for the region as a whole. Thus such dissociation also takes on the aspect of guaranteeing institutionalized and incumbent power.[21] The defence therefore of religious pretexts to the way in which the state operates then becomes and takes on a nationalistic hue which in and of itself has the effect of bringing moderates into the debate in a pro-state posture that they may not have automatically supported owing to the fact that if they fail to do so, the state then as an institution – which they may need for the furtherance of their own power and political objectives in the future – comes under threat. The effect of this is that there are fewer and fewer voices within the public discourse that are able to represent an alternative view as to the construction and operation of the state to the detriment of citizens.[22]

It is important to see therefore how the role of religion has influenced the life of the Middle East inhabitants as actors within the region increasingly shy away from positive political developments such as democracy because of the impression that has been created of them as being un-Muslim. It is also important to see how these states may manipulate religious doctrine to achieve their own political power and then used such religious interpretations as a method of continuing and sustaining their power.

The role of Religion in the ongoing Arab-Israeli conflict

Unlike anywhere else the three most dominant monotheistic religions of the world, namely Christianity, Judaism and Islam, emanate from the Middle East. Whilst this means that there are to some degree many similarities between these religions and their associated cultural practices, their close proximity has led to a prolonged, and often violent struggle as they attempt to establish themselves as the prevailing religion in the region.[23] This is most evident in the Arab-Israeli conflict and the issues surrounding the creation of both the states of Palestine and Israel centring on the disputes of the borders of Jerusalem and the control that either side can exercise over it.

This is owing to the fact that all three religions’ major holy sites are located within the borders of the city. With specific reference to the Israelis (acting as the proponent for the Jewish faith) and the Palestinians (acting generally in the interest of the religion of Islam) this city is given great importance as it is seen as the bedrock of those religions.

There have been many attempted settlements to this process which have strived to allow both parties to this conflict a relative degree of equal control so that they may both enjoy maximum benefit from the preservation of their religiously important sites. These usually argue that the Arab parts of Jerusalem be give to the Palestinians and the Jewish parts be given to the Israelis. However neither party has shown the other much good will in the negotiation and implementation of these deals as they have been preoccupied and concerned with suspicion of the other side. Thus, even though there is increasing political will for there to be a negotiated settlement between the parties in which many people – even the most unlikely – are postulating the existence of a single unified state, the governments of both these parties, who are subject to the will and influence of religious extremists in both their communities and for whom religious identity is important both in terms of political support and for the government’s legitimacy as an institution, are reluctant to give way to the other side. Despite this will existing amongst a significant number (and in some cases a majority) of people, it is important to understand why this will does not translate into political action on the parts of the governments concerned. As indicated, the pressure that these governments come under from religious extremists – whether they engage in legitimate or illegitimate political methods to achieve their political ends – is especially what needs attention as it shapes how they react to certain push and pull factors and not others. This can be deduced be the following three considerations:

Firstly, religious extremists have a greater incentive to be more local about issues related to and concerning religion: this is owing to the fact that it is the very reason for their existence and an increased focus on these issues increases their (the religious issue’s and the religious extremists’) relevance and legitimacy.[24] The effect of this is that extremists become an increasingly more likely choice for electors and sympathisers[25] to make, which may result in decisions being made that limit the opportunity for rational (and often necessary) decisions to be made.[26]

Secondly, by increasing the discussion and discourse around these issues, extremists effectively manoeuvre public opinion into becoming more decided (either in favour of their postulating or against it) and less moderate.[27] This shift in the public opinion thus resulting in the greater polarization of society allows in turn for two significant things: (i) it allows for the political discourse surrounding the issue to become more simplified with extremists on both ends allowing themselves to squeeze out actors that exist in the middle of the spectrum and in so doing add to their own long-term legitimacy considering that the substance of their message would have had to change nominally if at all as the position that they would have been arguing over the time proportionally rises in terms of its dominance amongst electors and sympathisers; and (ii) by becoming more legitimate in the eyes of electors and sympathisers, the greater the chances of these organisations having the capacity to harness public opinion in their favour and cross the divide between legitimate and illegitimate political ends.[28] This then creates the situation where majority opinion is artificially induced by ‘manipulation’ of the political process to benefit the political organisation themselves to the detriment of the people within their society by limiting the true choice that they can exercise and forcing them to make choices which are illustrated in very polarized ways and where a failure to choose can and often will result in detrimental consequences for those who attempt to remain in the middle of the political spectrum.[29]

Thirdly, these organisations have a strong organisational and lobbying factor which allow them the ability to influence the public discourse in greater proportion to their size and/or their actual public relevance in any given society. This ability emanates from two distinct sources: (i) the members of this group are a largely homogenous grouping which allows for little or no internal dissent to arise. The lack of internal dissent means that little or no time is spent debating various policy positions or resolving any other form of internal conflict. This in turn means that the mobilization ability of this grouping and the perception that they create around themselves is one of unity and strength which adds to the ‘pull-factor’ that they have as everyone is singing of the same hymn sheet. This clear and consistent ideological output has the effect of building confidence amongst ‘undecideds’ in the political system as they stand out as a stark contrast to other – more moderate – political organisations which allow for a degree of internal dissent which inevitably shows the public various rifts which may or may not exist that in the public eye undermines the political swing factor that those organisations may have; (ii) these organisations imbibe within them a degree of superiority given their belief (and the level of their belief thereof) in their particular religiously influenced worldview. As such, the moral superiority with which they mobilize as organisations far outstretches that of any other political actor within the discourse because entwined with their political machinations comes a degree of religious legitimacy which even though the former, on its own can be treated sceptically, it is difficult for the former to be rejected when the coupled with the latter, as the latter idea requires too high a degree of sacrifice for the individual to make in order to participate in the political process: they have the ability to lock down support of those who believe in the religion that they purport themselves to be the voice of and make seemingly convincing arguments to make those people accept their arguments uncritically.[30] This results in their being little true debate which can happen in any of these societies.

Even the perception of being weak as a result of decisions which are bona fide attempts at achieving a semblance of long-term unity and integration are avoided at all costs by the governments of these parties given that these religiously sensitive matters – both of which are as a result of hard fought victories involving prolonged suffering and high casualty rates – are easy deal-makers in societies that are characterised by close elections.[31]

The role of religion with respect to the United States and its geopolitical involvement in the region.

Whilst this is not the direct focus of this essay it is important to explain the ways in which intra-regional religious influences have the ability to affect and alter relations with actors that exist outside of the region and how that in turn feeds back into the political ongoings within the region itself.[32] This is owing to the fact that as most theoreticians of international relations agree, national issues are in many instances intricately linked to international issues and between them exists a degree of influence which cannot be undermined or ignored when considering the implication of either. Accordingly, based on the analysis offered above, it is important to see how the United States of America, as the world’s only hegemon to date post-1945,[33] reacts/reacted to developments within the region and how those in turn initiated their own reactions within the Middle East itself.[34]

The first way in which this needs to be analysed is with respect to the American reaction to issues within the Middle East itself. What is largely evident from this is that the United States of America as a predominantly Christian state is susceptible to the influences of well organised Christian (and other religious movements, especially the Jewish lobby) within its borders who have the ability to use resources and influence (loosely, although not in all cases) based on religious beliefs and interpretations.[35] Baumgartner for example argues that:
“(the) Evangelical Christians have remained strong supporters of a hawkish foreign policy towards the Middle East even as overall support for the war in Iraq declines… Evangelicals are among the strongest supporters of Israel and hold more negative views of Islam than others. (This) reinforces the growing importance of the faith factor in public opinion…”[36]

The importance of this is three-fold. Firstly, it indicates that the degree to which Christian (Evangelicals) are willing to make political decisions based on their religious beliefs is increasing, even in the face of a total decrease in popularity of ‘their’ candidate amongst other constituencies.[37] Secondly, it shows the similarity in political operation that exists in the United States and in the Middle East and how such similarities have policy consequences with far-reaching effects. A President that hopes to return for a second term for example would be hesitant to alienate this key group of supporters who contribute money and votes to their presidential campaigns. Thirdly, it is indicative of potential biases that actors from the US may harbour. These biases – whether perceived or real – have the distinct ability to undermine any peace efforts by the United States for such hesitancy – informed by these religious biases[38] – give the impression that those efforts are far from being genuine.

The third point leads to the second generalization that may be drawn: that a perceived bias or hesitancy towards the Middle East may result in the actors within the Middle East itself rejecting the efforts made by the US government. This in turn has significant consequences which may be deleterious consequences for the citizens in the region. Firstly, they may reject the peace process altogether as it may create the impression that their willingness to bow to the Christian West renders them in a position that is un-Muslim.[39] Secondly, the may turn to other dominant semi-hegemonic actors[40] that may attempt to exert a world view upon them that (i) has the consequence of hardening the potential moderate nature of the state (a necessary opportunity-cost to garner support within the region against actors – both domestic and foreign – that threaten it)[41]; and (ii) has the consequences of them turning to practices which are not necessarily legitimate to ensure their stability and longevity as they become more desperate to secure a hold on power.[42] Thirdly, and as a reaction to the United States, these states that it is hoping to influence may become more reactionary as a demonstrable reproach of Western actors and their influence.[43]

Conclusion

What this essay has shown is that religion – whether followed or not – is a strong political influence within the Middle East. It is evident that this influence, whether it is direct or indirect has the capacity to make actors at a sub-state and state level to make decisions that they would not necessarily make in the absence of such religious influences. Using religion as the main method of analysis, this essay has shown the role that religion plays in its influence on political life in the Middle East. It has shown that religion has: (a) a strong morality factor that is difficult to get people to divorce themselves from when acting or expecting them to act rationally; (b) that religion as an institution has a great lobbying pull and ability to influence and shape the way public discourse is constructed; and (c) that religion has an invading quality that allows it to influence and determine many disparate aspects of life.

[1] Huntington, S. P. 1993. The Clash of Civilizations? Foreign Affairs. Vol 72. No 3 (Summer). pp 22 – 49.
[2] It must be noted that the difficulty in any essay where general conclusions seek to be drawn about any phenomenon, a plethora of examples and case studies is usually necessary. However, in the present case, due to a lack of time and a limit on page-length, this essay will use specific examples to illustrate general patterns that may be identified when replicated in different circumstances. This is owing to the fact that religion lends itself to the replication of such general patterns in differing specific circumstances.
[3] See for example the ongoing political clashes in Northern Ireland. The basis for many of the divisions in that part of the world emanate from a difference in religion: between a Protestant United Kingdom Government and Catholic dissidents in that region.
[4] This is especially relevant to countries such as the United States who wish to create increasing stability within the region as an extension and of its own political objective of averting the proliferation of terrorism.
[5] Which is easy to do considering the superficial similarities – such as the predominance of Islam – existing amongst these actors. Bill, J. A. 1996. The Study of Middle Eastern Politics, 1946 – 1996: A Stocktaking. Middle East Journal. Vol 50. No 4 (Autumn). pp 501 – 512.
[6] The Arabic term for the collective name of the Muslim world.
[7] This situation is not dissimilar to that which exists between denominations in other religions which have established themselves over time usually resulting out of a difference in interpretation of religious texts or similar disagreements with respect to the leadership and rights of the religion. Jewish sects include the Ashkinazi, the Sephradi and the Mizrahi Jews. Similarly, Christianity includes amongst its many denominations Catholics, Protestants, Orthodox Christians. The importance of recognizing these cleavages, despite the over-arching belief in Allah or God as the case may be is that arising from these differences are not only associated values and valued practices but a potential source of conflict.
[8] Kaufman A. 2006. Between Palestine and Lebanon: Seven Shi’i Villages as a Case Study of Boundaries, Identities and Conflict. Middle East Journal. Vol 60. No 4 (Autumn). pp 685 – 706.
[9] Zonis, M. 1985. The Rule of Clerics in the Islamic Republic of Iran. Annals of the American Academy of Political and Social Science. Vol 482, Changing Patterns of Power in the Middle East (November). pp 85 – 108. Whilst this is in fact praised in Western schools of political thought, as well it should be – that majoritarianism (that those in the majority are right by virtue of their numbers and not the veracity of their opinion), it is somewhat disconcerting when this is applied to religious discourse given that this blind acceptance of a particular view point (often called faith) to the exclusion and detriment of other such viewpoints (interestingly more so a hallmark of monotheist religion rather than polytheist religions by their very nature) especially when used as the raison d’ĂȘtre of political discourse, necessarily lend themselves to varying degrees of intolerance and ignorance.
[10] Namely the Safids, the Qajars and the Pahlavis.
[11] This is not limited to the fact that the Iranian government under Reza Shah and Mohammed Reza Shah (who was ultimately deposed by the Iranian revolutionaries) showed preferential treatment to the American government (and its companies) who were allowed special concessions that benefitted its foreign owners more so than the domestic context in which those companies were based.
[12] In effect a theocratic autocracy.
[13] a popular promise given that the heavy-handed and haughty manner with which the Pahlavis had ruled Iran cemented the idea for the Iranians themselves that having a greater ability to influence the state (in its extreme form: revolution as was the eventuality) was how they could ensure that the government would rule in their and not in its own interest.
[14] The term of the ‘rule of the jurist’ which is unique to Iran. This is explained further on in the essay.
[15] The Islamic Republic of Iran from 1979 onwards.
[16] Evidence of this superimposition is the way in which the Ayatollah Khomeini is referred to within the Iranian Constitution itself. Principle 107 of the Iranian Constitution speaks to the “Great Ayatollah Imam Khomeini” despite the fact that such a title and the significance thereof does not belong to him (italics my own emphasis).
[17] Moghadam V M. 1993. Rhetoric and Rights of Identity in Islamist Movements. Journal of World History. Vol 4. No 2 (Fall). pp 243 - 264
[18] As this essay argues later, any person who undertakes such opposition subjects themselves to the harsh treatment not only of the establishment that they are critiquing, but in all likelihood would have to face and be subject to greater opposition to their criticisms (irrespective of how truthful or correct) from the rest of the society itself. This is owing to how the identity of being Muslim construed: that to agree with the religious leaders means one is Muslim and to question or oppose them is to be un-Muslim. By fear of being un-Muslim through association only, it is enough to turn away Members of the community from supporting or even entertaining such opinions.
[19] Nonneman G. 2001. Rentiers and Autocrats, Monarchs and Democrats, State and Society: the Middle East Between Globalization, Human ‘Agency’ and Europe. International Affairs (Royal Institute of International Affairs 1944 – ). Vol 77. No 1 (January). pp 141 – 162.
[20] Incidentally, even if such opposition was raised in the public discourse it is unlikely that such facts would be allowed to surface owing to the fact that the theological rulers of the state would have viewed it as a threat to their own power which would necessitate them taking against it.
[21] This could be alternate justification for the Iran-Iraq war (1980 – 1988). Most official accounts argue that war broke out between these two countries when Saddam Hussein succeeded President Bakr. Bakr had been known to have pro-Iran sentiments as illustrated by his hearty congratulations sent to Iran on it becoming an Islamic Republic. Under Hussein however, the posturing of Iraq towards Iran changed significantly in that Hussein now wished to unite the Arabic people in the state of Iraq, which involved capturing some of the Iran/Iraq border territories where some Arabic people were located. This is indicative of ethnic and religious tensions which exist between these two actors and how in certain circumstances such differences may result in huge policy decisions being made by the state on criteria that has little to do with achieving a rational objective/outcome. These decisions may even be made where the long-term ramifications for them both may be detrimental (as in the case of a war where formal victory comes at a great substantive cost, if there is to be any victory at all). Further, and as alluded to throughout the rest of this essay, the establishment of an Islamic Republic right on the border of Iraq – even if moderately successful – creates the precedent that (a) religious revolutions are not necessarily bad (in terms of their outcomes and their justifications); and (b) religious states established as a result of such processes are sustainable. This creates a direct threat to secular rulers within the region as they can offer no real justification as to why they too should not create a theocratic state. Further, any attempt to justify their secularism is easily painted as being un-Muslim which if anything, acts as a direct incentive to religious extremists – and other opportunist opposition forces – to oppose and work towards the overthrow of the state.
[22] Although this example draws many conclusions about a Shiite specific state, the general trends cannot be limited to Shiite theocratic societies alone. Like how nationalist movements of different trends (domestically, the African National Congress being centre-left and the Nationalist Party being centre-right) share common characteristics insofar as how they place primary importance on their role in the historical epoch they have overcome, the subsequent use of those of overcoming that historical epoch as a means of continuing its political legitimacy and detracting from opponents’ criticism are examples of how they are similar in terms of their modus operandi despite their ideological (and in the case of Shiite and Sunni societies, religious) differences. This is also the case in theocratic-influenced societies in the Middle East.
[23] Huntington, S. P. 1993. The Clash of Civilizations? Foreign Affairs. Vol 72. No 3 (Summer). pp 22 – 49.
[24] One could argue that an increasing prominence in the public discourse arena lends itself to shoring up a degree of normalcy within the society in which those issues are continuously spoken to.
[25] This distinction between electors and sympathisers is essential as the former group are those that will lend their support to these extremists in a legitimate political environment, legitimate meaning systems of political engagement in the absence of violence, whereas the latter group are those persons who are willing to lend their support to these extremists in legitimate and illegitimate systems, however, it particularly refers to the support rendered to these organisations in illegitimate systems where such support may include ‘terrorist’ operations aimed at the achievement of certain political outcomes.
[26] Strinberg A and Warn M. 2005. Realities of Resistance: Hizbillah, the Palestinian Rejectionists, and Al-Qa’ida Compared. Journal of Political Studies. Vol 34. No 3 (Spring). pp 23 – 41.
[27] Moderate opinion in particular is dangerous to such extremists as it allows the people that they are trying to influence the opportunity to make up their own minds about those issues in a way that is unhindered and bound to any particular preconceived idea. This specific lack of being ideologically-bound to a predisposition allows then for more rational thought and decision-making to occur.
[28] Much like the situation that existed in Northern Ireland with parties like the Democratic Unionist Party (DUP), the Ulster Unionist Party (UUP) and Sinn Fein (with their military wing, the Irish Republican Army/IRA) that were committed to the independence of that territory from Westminster and in South Africa with the opposition to Apartheid in the case of the African National Congress (and its armed wing uMkhonto weSizwe/MK), these parties were able to use public opinion to commit acts that would have otherwise been judged – an in fact were by the states that they were trying to overthrow – as being terrorism. However, despite the formalistic labelling of these acts, these acts were never viewed, especially in the case of South Africa, as being terrorist acts but rather acts of freedom fighters which are targeted towards (perceived) legitimate political ends.
[29] de Chatel, F. 2004. Perceptions of Water in the Middle East: the Role of Religion, Politics and Technology in Concealing the Growing Water Scarcity. Available at www.ipcri.org/watconf/papers/chatel.pdf.
[30] Lebovic, J. H. 2004. Unity in Action: Explaining Alignment Behaviour in the Middle East. Journal of Peace Research. Vol 41. No 2 (March). pp 167 – 189.
[31] The recent Jewish election is a good example of this. Netanyahu’s coalition government has the support of the Jewish extremists in the Knesset which he must appease in order to remain in power. Failure to do so will mean that Netanyahu will no longer control a majority of votes in the Knesset and will be susceptible to a ‘coup’ that will in all likelihood result in him losing power – something which he will want avoid. Accordingly, it is highly likely that the genuine goodwill needed for such complex and intricate negotiations will be absent in the face of the opportunity to prolong power and entrench his own legacy. Interestingly, should Netanyahu lose power through his attempting to negotiate with the Palestinians there are two possible situations that could occur:
Firstly, the Kadima Party and its leader Tzipi Livni may have to posture further to the right than Netanyahu may have done so originally. Whilst this may allow Livni to become Prime Minister the consequences of such a political calculation are (1) that she will become dependent on the support of the extremists as it is unlikely that Kadima core-voters would be willing to vote for a government that is as ‘right of centre’ that one including the extremists is. This means that the role of the extremists is strengthened allowing them to possibly make greater demands and force such a coalition further to the right as without them this coalition would not hold and power would be lost to Kadima who were left reeling after they lost the recent election to Netanyahu; (2) this would depreciate the goodwill present in the coalition as from experience and no doubt the way in which the coalition would have come together, Kadima would be only too keenly aware of the hesitancy of the extremists to support any talks with the Palestinians; and (3) the Palestinians extremists would seem to be proved right as the new Israeli government would be even more hawkish than its predecessors.
Secondly, Kadima and Likud (Netanyahu’s party) may make strides towards each other and create a form of Grand Coalition that may exclude the extremist parties. Whilst theoretically this would be the best party bloc to deal with in terms of negotiation of the peace process, it is highly unlikely, as has been experience that this will happen. Kadima and Likud differ quite significantly on the way in which the peace process should be negotiated and given that both are incentivized to ensure their centrality in the peace process for future political capital and legacices, it is unlikely that the common desire to negotiate a peace would be good enough to bring about that end: both will work extremely hard to ensure that it’s version of the peace process is dominant.
Ironically therefore it would seem that it would be best for the peace process for Netanyahu to remain as Prime Minister of this coalition government.
[32] Hart, P.T. 1970. An American Policy Towards the Middle East. Annals of the American Academy of Political and Social Science. Vol 390, A New American Posture Towards Asia (July). pp 98 – 113.
[33] This is the exact timeframe when issues in the Middle East became most relevant and prevalent.
[34] Gause III, F.G. 1999. Systemic Approaches to Middle East International Relations. International Studies Review. Vol 1. No 1 (Spring). pp 11 – 31.
[35] This is similar to the situation that exists within Middle Eastern society as identified above.
[36] Baumgartner, J.C. Francia P.L. and Morris J.S. 2008. A Clash of Civilizations? The Influence of Religion on Public Opinion of U.S. Foreign Policy in the Middle East. Political Research Quarterly. Vol 61. No 2 (June). pp 171 – 179.
[37] Indeed, it is largely acknowledged that Bush was able to carry the Presidency in both elections through the great support that he enjoyed from the Christian establishment in the country. This too is also a possible justification as to why Senator John Mc Cain, the 2008 Republican Presidential nominee – who had little support from the Christian establishment given his somewhat unorthodox views (in their opinion) – would choose Governor Sarah Palin (R, Alaska) as his running mate, over other worthy politicians that could have easily been a running mate that would have contributed more in terms of substance to his running ticket. Palin is considered to be the darling of the Christian conservative establishment.
[38] Which are more difficult to eliminate than intellectual and quantifiable concerns
[39] As has already been pointed out, this is apolitical tool that is used by domestic actors to embolden their own position with respect to power challenges.
[40] Such as Iran.
[41] This is why the United States of America is so keen to get involved in the Middle East. Allowing actors that have control of important resources such as oil – which is of strategic value to the US – and who have the capacity to thwart its geopolitical dominance are incentivized to work with the United States rather than against it for the following reasons: (1) the United States is able to maintain its position as a global hegemon being able to draw on wide-spread and far reaching support; (2) these states are able to act a proxy-states for the United States within the region and can exert influence in regional matters that would be of benefit to it; (3) it allows the United States by implication to limit the ability of other nations that may challenge its hegemony of global politics to do so effectively be removing the number of potential allies that it has access to; and (4) it allows the US access to vitally important and strategic markets – especially the oil market.
[42] This could take the form of state-sponsored terrorism (see for example the activities of Hezbollah in Lebanon) or the brutal treatment of domestic actors that present a form of threat to the establishment (see for example the way in which opposition forces were treated in Iran during the last election when Mir-Hossein Moussavi came close to unseating the incumbent Iranian President, Mahmoud Ahmedinijad from power).
[43] Posusney, M. P. 2004. Enduring Authoritarianism, Middle East Lessons for Comparative Theory. Comparative Politics. Vol 36. No 2 (January). pp 127 – 138.