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U.S. Should Support Egypt’s New Constitution

Egyptians have gone to the polls over recent days in order to cast their vote in a referendum with regard to a new constitution. According to the Voice of America:

​The vote comes six months after Egypt’s military toppled the country’s first democratically-elected President Mohamed Morsi in July after large protests against him and his government. Initial reports show the new charter winning overwhelming approval of those who voted. Final vote counts from around the country scrolled across the screens of Egyptian satellite channels throughout the day, showing “yes” votes in most districts of between 90 and 98 percent. Many analysts say the Muslim Brotherhood’s decision to boycott the referendum may explain the lack of a significant “no” vote.

Even though the Muslim Brotherhood boycotted the vote, turnout appears to be high. According to Egypt’s presidential spokesman:

Early indications point to the fact that Egyptians made history this week with a high level of participation in the vote on the draft Constitution. This is a wonderful day for Egypt, Egyptians and for democracy, despite the extraordinary circumstances. This vote represents a resounding rejection of terrorism and a clear endorsement of the roadmap to democracy, as well as economic development and stability.”

Many in Washington—among Obama administration officials, academic cheerleaders for the Muslim Brotherhood, and many traditional neoconservatives—are understandably quite hesitant to support Egypt’s transitional government going forward, and may be even more hesitant should Gen. Abdel Fattah el-Sisi run for president. Whatever rhetorical hoops the Obama administration jumps through, the fact of the matter is that the Egyptian military staged a coup and overthrew Egypt’s first elected president.

That said, President Mohamed Morsi had ceased to be a democrat pretty much the second he took office. He had dispensed with any notion of a broad-based constitution, and moved to undermine separation of powers. A year ago November, be sought to effectively seize dictatorial powers for himself, placing the presidency above the judicial decisions (much like Prime Minister Recep Tayyip Erdoğan is doing now). It is important to recognize that the choice confronting advocates of democracy moving forward isn’t between democracy and el-Sisi, but rather between two imperfect scenarios.

The question then becomes, which provides a better path toward democracy? The Muslim Brotherhood does not. It uses democracy as a means to an end, but that end is not democratic. And while many American academics and journalists cringe at the Egyptian designation of the Muslim Brotherhood as a terrorist organization, one look at the group’s ideology, its cell structure, and its past and present actions suggest that the designation may very well be warranted. Just because a terrorist group has survived eight decades does not somehow launder its ideology or tactics.

The new constitution may not be perfect, but it is a real step forward over the constitution the Muslim Brotherhood sought to impose on the Egyptian public. Here is a fact sheet produced by the Egyptian Embassy in Washington on the document.

The danger with Sisi is that he will seek to replicate the worst tendencies of the Mubarak era. The Egyptian public, however, have shown that they have little tolerance with leaders who believe themselves above the people and not accountable to them. That was a lesson Hosni Mubarak learned the hard way, and it was a lesson that Morsi learned to his detriment.

The best path forward, therefore, is to support the interim process and new constitution and maintain the expectation that any new president, Sisi or otherwise, will respect a system of checks and balances, and continue to enable an open press and free and fair elections in order to remain accountable to the people as Egypt undertakes the economic reforms which are both overdue and necessary.

To undercut the new president at this point in time is nihilistic: It will not bring democracy; at best it would result in the empowerment of hardcore Islamist radicals, increase Russian influence, and could ultimately result in state failure.