Egypt’s demoralizing rule of law
A clear majority of Egyptians are breaking the law in one way or another. Privileged by knowing how to hide from prosecution, citizens who work at entities that are supposed to enforce the law are those who break it the most.
RULE of law is the artery of any nation; how well arteries function determines whether the human body is in good health. In Egypt, sadly, the rule of law is often designed to trap citizens; its hasty application encourages society to engage in illegal activities, aware that a large portion of Egyptians often do so and get away with it.
The essence of rule of law is to clearly define citizens’ rights, protect their properties and apply justice to all equally. In Egypt we have a great number of good laws, but law enforcement is haphazard and there is no orderly system. Law enforcement is manipulated by the state and rule of law is applied selectively, a mechanism that has been functioning smoothly (but destructively) for decades and that has nothing to do with justice.
Rule of law was invented to serve the fundamental purpose of crime prevention. Citizens should be convinced that any given law is formulated for their benefit and will be used (sooner rather than later) to prosecute lawbreakers.
Knowing that lawbreakers will be brought to justice and prosecuted fairly will discourage citizens from engaging in criminal activity. But Egyptians believe they have a better chance of getting away with illegal activity than of being held accountable, so the crime rate is rising.
Rule of law in Egypt functions like a seashore with high and low tides. When the tide is low citizens break the law frequently, comfortably bribing government officials. At high tide the government fines lawbreakers, but they can pay higher bribes to reduce the fine.
For example, property owners who regularly break the law by building floors in excess of the permitted number initially bribe state officials to turn a blind eye. These officials may later impose fines on the property owners for having exceeded the number of permitted floors. The total amount paid in bribes and fines is often substantially less than the anticipated revenue from the illegal floors.
The current manner of applying rule of law has a destructive effect on the economy and creates a society that does not trust the state’s justice mechanism. The substantial amount allocated in Egypt’s national budget to the development and modernization of infrastructure is completely wasted because the state’s economic platform is structurally corrupt; it simply privileges lawbreakers at the expense of citizens who comply with the rule of law, to the detriment of the economy.
Not only does the non-application of rule of law privilege lawbreakers, its careless application by the government negatively affects ordinary citizens’ lives. Many events intended to enhance citizens’ pleasure have concluded in the killing of innocent people.
Young people who organize car races at night sometimes run over and kill citizens who happen to be in the vicinity, while other citizens are killed by bullets fired by lawbreakers at wedding celebrations. If rule of law functioned properly, such incidents and many others would never occur.
A clear majority of Egyptians are breaking the law in one way or another. Privileged by knowing how to hide from prosecution, citizens who work at entities that are supposed to enforce the law are those who break it the most.
Meanwhile, in the absence of law enforcement, wealthy lawbreakers use their money to build corrupt empires and secure them by regularly bribing government officials. This leaves only ordinary Egyptians, who do not have access to corrupt officials, subject to the harsh application of rule of law.
The absence of justice in Egypt and the manipulation of rule of law by state authorities have driven a large portion of Egyptians to completely disregard the judicial system and apply their own version of justice. This sadly entails committing various illegal acts and sometimes even terrorist activity.
Applying rule of law fairly and firmly to all citizens is Egypt’s gateway to progress; it will give Egyptians a sense of national belonging, increase our country’s resources and gain the confidence of investors whom we so desperately need.
Mohammed Nosseir, a liberal politician from Egypt, is a strong advocate of political participation and economic freedom. He can be reached on Twitter @MohammedNosseir.
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