Democracy & Former Islamic Colonies in Asia

Prof. Michael Brenner                                             Muslim India

Dr. Michael Brenner is a Non-Resident Fellow at the Center for Transatlantic Relations. He publishes and teaches in the fields of American foreign policy, Euro-American relations, and the European Union. He is also Professor of International Affairs at the University of Pittsburgh. Brenner is the author of numerous books, and over 60 articles and published papers on a broad range of topics.

The common experience of British dependencies in Asia was direct, custodial rule over a prolonged period. I believe that this is the principal reason why constitutional democracy has fared better there than in the Arab Middle East.

That experience was shared by the two largely Islamic states that had formed part of colonial India: Pakistan and Bangladesh. Deviations from the democratic standard have occurred in both – repeatedly so. But there never has been an outright rejection of the system bequeathed by the British or the propagation of anti-democratic political ideologies. Where autocratic powers have been taken by military governments or civilian strongmen, authoritarianism has been justified in terms of exigent circumstances and accompanied by an affirmation to restore democratic rule. However delayed, that indeed has occurred – albeit often under popular pressure.

In Pakistan, the military takeover led by General Pervez Musharraf in 1999 was the latest in a series of military governments that in the past had seen a reversion to free elections and the restoration of civilian rule. The arrogation of exceptional powers, and the emasculation of the legislature, is accompanied by a continuation of local elections, in keeping with what has become established practice. The suppression of political dissent is far from total. The press and other media remain unmuzzled and feisty, although at times intermittently censored. Witness the success of anti-Musharraf Islamist parties in the Northwest Frontier Province and Baluchistan on the Afghan border in the regional elections of fall 2002 at the very time when Musharraf was expanding his extra-constitutional authority at the federal level. This pattern is qualitatively different from the autocratic regimes in the Middle East where political power has been concentrated in dictatorial hands, democratic governance has never occurred, the abuse of human rights is widespread (in some places, systematic), and the commitment to democracy is purely rhetorical or non-existent.

Pakistan introduced Shari’a, traditional Islamic law, in the early 1990s. The move was punctuated by the declaration of the country as an Islamic republic. That did not stand in the way of the return to civilian rule. Free elections, an accountable government, respect of political pluralism, an open press, and tolerance for religious minorities existed within an avowedly Islamic state. Pakistani politics during this period were dominated by two political parties, bitter rivals for power, neither of which had distinct Muslim identity. Benazir Bhutto’s Pakistani People’s Party (PPP) alternated in office with Pakistan Muslim League (PML) party led by Nawaz Sharif. Avowedly Islamist parties garnered less than 10% of the vote in the last open, nation-wide elections. The Islamists relative success in 2002 owed much to the Musharraf government’s volte-face in transforming itself from a patron of the Taliban in Afghanistan to a close ally of the United States in an unpopular war on so-called terrorists in the Tribal Areas and Northwest Frontier province. Islamist opinion was further inflamed by his public promises to rein in the Pakistan backed insurrection against Indian rule in Kashmir. Their fortunes reversed in the national elections of February 2008. The coalition of Islamist parties lost control of the regional government of the Northwest Frontier and were also-rans at the national level. Traditions of a less militant brand of Islam and a politics of accommodation reasserted themselves. The Islamists were thrashed at the polls. Radical Islamist groups today do remain a force in Pakistani politics, but more through their acts of violence than by their appeal to the populace.

The resilience of democratic norms recently has been demonstrated in Pakistan where Pervez Musharraf’s move toward autocracy, punctuated by the imposition of martial law, was thwarted by a stubborn judiciary, manifestations of popular opposition and Musharraf’s own inhibitions about taking actions that could spark a civil war. The brake on Musharraf’s ambition was Chief Justice of the Pakistani Supreme Court Iftikar Mohammed Choudry. His implacable resistance to the General’s attempts to rule by decree led his ouster. That arbitrary action itself made Chaudry the pivot of an aroused opposition led by fellow jurists and the National Lawyer’s Guild. Musharraf’s loss of credibility obliged him to move ahead with the scheduled legislative elections that proved his downfall. That bow to democratic norms proved his downfall. His coalition was thumped by the PPP, benefiting from the assassination of Bhutto, and the PML led by Nawaz Sharif who had been exiled for eight years by Musharraf.

Three features of the recent Pakistani drama underscore the crucial importance of an ingrained, inherited liberal political culture: an intractable autonomous judiciary; a vivid ‘civil society’ composed of professional associations, independent press and party organizations; and a military officer corps restrained by its own convictions from pushing for a true revolution. Further confirmation was provided by the new governing coalition’s decision not to oust Musharraf from the Presidency to which he had been elected, albeit in a tainted contest.

Bangladesh provides yet another example of a former British dependency, overwhelmingly Muslim, that has managed to maintain its democratic constitution and Bangladesh has experienced periods of authoritarian government as both military and civilian leaders have at times declared states of emergency which involved the suspension of elections and the imposition of martial law. The country went through periods of military rule in the 1970s and 1980s, triggered on two occasions by the assassination of elected prime ministers by maverick officers. Since 1990, threats to constitutional rule have receded. Democratic norms of electoral competition were reinforced. The country has observed three multi-party parliamentary elections (1991, 1996, and 2001). Domestic and international observers widely recognized them a mostly free and fair.

Two external factors played a role in ending military rule. For one thing, the United States lost its liking for strongmen devoted to keeping under control an unruly politics. For another, international donors pressed for a restoration of free elections as a condition for badly needed economic assistance. The military retreated to their barracks in a period of fierce partisanship marked by corruption and violence. The main protagonists have been the Bangladesh Nationalist Party (BNP) led by Begum Khaleda Zia, the widow of the murdered General Ziaur Rahman, and the Awami League headed by the Sheikh Hasina, herself a daughter of Sheikh Mujib who led Bangladesh to independence. Each of these two women was placed under house arrest on grounds of endemic corruption in January 2007. Each had her political rights restored and returned to partisan combat when the caretaker government cleared the way for fresh elections in February 2008.

The threat of a military coup will continue to hang over whatever civilian government emerges. The Bangladesh military has issued statements touting its “own brand of Democracy” and calling for changes in the constitution to allow military participation in politics. They play on the discontent with the woeful record of the civilian politicians to promote the idea of a unitary, ‘clean’ working only for the national welfare. This, of course, is the theme of men in uniform everywhere who are seeking political power. In Bangladesh, as in Pakistan, there is no talking of abandoning wholesale the country’s political inheritance. For the most part, the country has become an imperfect working democracy.
Bangladesh has felt the reverberations from the fundamentalism movement sweeping the Islamic world. Bengali mujahideen, veterans of Afghanistan, introduced an element of political militancy and religious fundamentalism. That effect has been reinforced by expatriates returning from jobs in the Gulf where they absorbed, to varying degrees, the strictures of Wahabi-ism. In an attempt to wellsprings of discontent and aspiration that feed it, the government introduced elements of Shari’ a law to govern domestic affairs such as marriage and inheritance. When Prime Minister in 2001, Begum Zia avidly deployed the symbols of an Islamic republic, as in Pakistan. She went as far as to place in the constitution a clause to the effect that the country’s rule would conform to “the sovereignty of Allah.” For the most part, though, Bangladesh has kept in place civil codes based on English common law. They protect civil liberties and rights of political expression. Despite manifest signs of militant jihadist sects working underground to bring down the government, there have been no draconian restrictions on rights of assembly, speech and privacy. The Bangladeshi political establishment was badly shaken by a wave of orchestrated suicide attacks in August 2005, but it refrained from imposing severe restrictions. Indeed, constitutional reforms by the Caretaker government of 2007 were designed to strengthen the independence of the civil judiciary, which has been weaker than its Pakistani counterpart, as part of a general overhaul of a criminal justice system seen to have been politicized and corrupted. The main imperative was to crackdown on corruption in all its forms. The Caretaker government sought to ”cleanse” politics by taking a criminal justice approach to dealing with the mainstream political parties’ chronic habits of self-enrichment. Domestic NGOs, international donors, and national media all gave support to the military-backed interim government.

BNP has formed alliances of convenience with two relatively new Islamist parties, Jamaat-e-Islami Bangladesh and Islami Oikya Jot. That has gone some way toward giving Islamists a stake in the party system. For its part, the Awami League at first shunned the Islamist movement in preference for an alignment with small leftish and secularist parties. That changed in 2007, when the party invited avowed Islamists to run under its banner. Simultaneously, they formed a tacit electoral alliance with the small Islamist party, the Bangladesh Khelefat. Still, it is noteworthy that there has been no upsurge in support for the latter, despite the countries chronic economic woes, tarnished political establishment, and the movement’s extra-parliamentary actions. Moreover, the Caretaker government took a tough stance on radical Islamist elements. Several high profile terrorists were arrested, prosecuted, and even a few death sentences were handed down.

As the December 2008 deadline for the national election approached, the interim administration released most of the high-ranking political leaders imprisoned on corruption charges, tied to an understanding that members of the Caretaker government would not be targeted by a newly elected government. The electoral outcome was a blow to the Islamist political movement and a tribute to Bangladeshi democracy.

Sheikh Hasina Awami League party won an overwhelming victory, gaining 230 of 300 seats in parliament (if only 48% of the raw vote) in a largely peaceful poll. Moreover, it did so in a campaign that contrasted its secular character with the Islamist Jamaat-e-Islama party which was aligned with the rival Bangladesh Nationalist Party (BNP) of Begum Kheleda Zia. The Jamaat-e-Islama’s tally of seats dropped from 17 to 2. Its uncompromisingly fundamentalist line on issues of social policy and orthodoxy cost it, and the coalition, a significant slice of support among the electorate. The interim government largely delivered on its promise of laying down the conditions for a fair, neutral election that stood in sharp contrast to the country’s past experiences. The three most senior ministerial positions in the new government are held by women. Despite recent extra-constitutional developments, Bangladesh’s liberal democratic institutions have not been deformed. The country appears back on the track toward a multi-party parliamentary democracy.

Malaysia offers a striking example of the resistance to autocratic tendencies and radical Islam alike. Malaysia has experienced uninterrupted rule by the dominant United Malay National Organization (UMNO) party which has been the political embodiment of Malay nationalism. The party followed a pragmatic course in forming ties with the small CHH party that represents the country’s substantial, and economically powerful, Chinese community. Under the strong-willed leadership of Prime Minister Mahathir Mohammed, state powers were used to consolidate its domination – primarily by the soft means of deploying government resources to secure the allegiance of supporters and to punish opponents. However, there are no curbs on opposition political parties, the press is not bridled (although tending to be deferential to the government), and constitutional provisions observed. In the one notorious deviation from this norm, Mahathir in 2002 jailed UMNO Vice-president and possible rival for power, Anwar Ibraham, who was convicted on trumped up charges. Ibrahim, a popular leader of the Islamist opposition, had been co-opted by an invitation to join the government. That conformed to Mahatir’s strategy of neutralizing potential opposition rather than suppressing it. His readiness to attack Ibraham also was an indication of the government’s confidence in its ability to handle nascent Islamist forces.

Malaysian democracy is strengthened by the emergence of a civil society, including groups promoting women’s rights. They are noteworthy in a country where Islamist influence has been steadily growing, inspired by the Iranian example and the wave of Sunni fundamentalism originating in the Middle East. In reaction, Mahathir gave a pronounced Islamist cast to the Malaysian government. That policy has entailed the calculated use of Islamic symbols and rhetoric in identifying Malaysian nationalism with its Islamic roots. More concretely, beginning in the 1980s Sharia law was introduced in a number of the country’s constituent states. (Mahathir formally established it at the federal level as the basis for adjudicating domestic matters, displacing the civil codes inherited from the British.
Muslims are obliged to follow the decisions of Shari’a courts when it comes to matters of Faith and Obligations as a Muslim, i.e. marriage, inheritance and custody others. Other criminal or civil offences come under the authority of secular courts, as in Pakistan and Bangladesh. As a rule, the Civil Courts cannot overrule any decision made by the Sharia Courts in their stipulated areas of jurisdiction. This introduction of Shari’a courts has two noteworthy qualifications. The scope of the Shari’a courts’ authority is circumscribed; they have no authority over political matters or criminal acts beyond the domain of traditional social mores. Moreover, only Muslims are subject to Sharia law. Malaysia is a multi-ethnic, multi-religious society. Chinese and non-Muslim Indians represent between 35 and 40 percent of the population. Concern for maintaining the domestic peace, which has been disturbed on several occasions since independence by bloody inter-ethnic violence, has induced the government to accord non-Muslims the right to have their domestic affairs overseen by secular courts. Eagerness to keep Malaysia a hospitable place for the heavy foreign investment that has fueled the country’s economic boom points in the same direction. Characteristically, as John Esposito has pointed out, Islamic values are “equated with hard work, discipline and progress.” The Malaya version of the Islamic revival seems more associated with creating a counterpart to the Confucian ethic than the fundamentalist creed that has taken root to the West.

Malaysian democracy’s resilience was shown when Mahatir stepped down in 2003. He passed the baton to Abdullah Ahmad Bawari who succeeded as Prime minister. Bawari continued to cultivate the multi-racial National Front (Barisa Nasional – BS) political coalition as his electoral instrument. He maintained the ONUM’s alliance with the Malaysian Indian Congress (MIC), which represents Hindus, and a small Chinese counterpart. The coalition won a landslide electoral victory in 2004 that increased its parliamentary majority to over 80% of the seats. His administration was marked by perpetuation of the political status quo, sustained economic growth and signs of growing political discontent both among minorities over the government’s aggressive pro-Malay affirmative action programs and Malays of Islamist orientation in the poorer provinces of the country’s north.

A stern test – for the government and for Malay democracy – came with the national elections of March 2008. In a shock result, the BN lost five of thirteen governorates (including the industrial center Penang) and its two-thirds majority in Parliament. The opposition coalition was composed of the Chinese based Democratic Action Party (PAS), the People’s Justice Party of Anwar Ibrahim (Parti Keadilan Rakyat – PKR), and the Parti Islam se-Malaysia (PIM). It also has the support of disaffected Hindus. The coalition’s de facto head was Ibrahim, despite his still being denied his full political rights under the Internal Security Act. Prime Minister Badari reconstituted a diminished government. It was further weakened when a federal court indicted, and then convicted Anwer Ibrahim on charges of sodomy in July which were widely seen as a politically motivated fabrication. Despite his being under a legal cloud, Anwer won a seat in parliament by a wide margin in a by-election held in August. He immediately vowed to directly challenge the ruling government by forging a majority composed of his supporters and dissent elements of the BS. Were he to succeed, Malaysia will experience its first change of power since independence.

Three features of this seismic political event stand out. The results were accepted by the ruling party without protest after a fair and open election. Opposition politicians followed the pragmatic course of putting aside potentially divisive ethnic interests for the sake of electoral success. In doing so, the coalition mirrored the multi-ethnic politics of the long dominant OMUN. Finally, heightened Islamic sentiment among segments of the Malay community was channeled mainly through a party, the PIM, that was ready to play the game of democratic electoral politics.

Placed in perspective, the post-colonial history of the largely Muslim countries that emerged from the British empire in Asia supports the judgments that: (1) colonial experience is an important factor that offers a partial explanation for the divergence between the autocratic path followed by some former Muslim dependencies and the relative resilience of democratic institutions in others despite severe stresses internal and external; 2) democratic political forms can co-exist with a relatively strong Islamic self-identity, e.g. Malaysia; and 3) public authorities can enforce a policy of respect for adherents to other faiths even while acknowledging, and lending a measure of official recognition to the preponderantly Islamic nature of the society it governs. Witness Hindus in Bangladesh; Chinese, Hindus and Sikhs in Malaysia. Indeed, Bangladesh’s national anthem is based on a song composed by a Hindu – Rabindranath Tagore, the Nobel Prize winning poet and author who is viewed by all Bengalis as the fountainhead of their remarkable twentieth century renaissance.