CHAPTER 1
Boutros Pasha Ghali
Background
Ghali Bey Nayrouz was a land overseer and treasurer of the land holdings of Prince Moustafa Fazl Pasha, the son of Ibrahim Pasha, grandson of Mohamed Ali the Founder of modern Egypt and Brother of the Khedive Ismail. He came originally from the village of Nekheila in Assiut province then moved to middle Egypt in the province of Beni Suef. Ghali Bey practically lived in the Khedivial Household and enjoyed their trust and confidence. He had two boys, the eldest Boutros and the younger Amin who would grow up with the young princes of the Khedivial family.
Boutros Ghali was born in the town of El-Maymoun, Beni Suef province, on 12 May, 1846.1
At the age of six, Boutros Ghali joined a pre-school nursery kuttaab in Beni Suef, before attending the Haret el-Sakkayeen school in Cairo, founded by Pope Cyril IV (Kyrellos IV, the Father of Reform). Here he learned the basics of Arabic and French from Mostafa Bey Radwan, and was taught the Coptic language by Barsoom Effendi el-Raheb.2
Boutros Ghali was an exceptionally intelligent boy, and was sent by his father to a school established by Prince Moustafa Fazl Pasha in Darb el-Gamameez, and attended by the sons of princes and members of the Egyptian Establishment. Here Boutros Ghali learned several languages: French, English, Turkish, Farsi and Armenian along with Arabic, and with his quick memory and enthusiasm for learning was soon translating perfectly from Arabic into French, Farsi and Turkish.3 In later life, he was known still to recite the Persian poetry he had memorised as a young boy. He was so fond of reading, in fact, that, concerned that it would affect his health, his colleagues asked Ghali Bey Nayrouz to persuade his son to read less.
So keen was he to learn, that whilst still at school, the young Boutros Ghali even hired himself a private tutor from Khan El-Khalili, whom he paid out of his own pocket money (with coins called bar), to help him master French and Turkish, since he was not satisfied with the performance of his school teacher. He eventually graduated from school with four languages, and then went on to learn English, Italian and the Coptic language.4
The Beginning
Boutros Effendi Ghali’s first job was as a teacher at Haret el-Sakkayeen school, taking a salary of E£7. In his spare time, he continued to work on his language and translation skills, at the school established by Refaa Pasha el-Tahtawi, and after two years was qualified to work at the Trade Council in Alexandria. Here he was regularly promoted, eventually rising to the post of chief clerk.5
The Trade Council was affiliated to the Ministry of Interior, and Boutros Effendi soon came to know the Minister of Interior, Mohamed Sharif Pasha. The Minister admired the young man’s fluency in foreign languages, and in 1874 made him a chief clerk in the new Ministry of Justice, which he had been asked to establish in preparation for the new judiciary reform system.6
Once in his new position, it was not long before Boutros Effendi was invited by Mohamed Kadri Pasha, the Minister of Justice and one of the great jurists of the time, to assist in translating the laws of the mixed courts into Arabic. This in turn gave Boutros Effendi the opportunity to become acquainted with Nubar Pasha, the then Prime Minister.
The mixed courts were founded in 1875 by Khedive Ismail Pasha and designed by Nubar Pasha, as part of a reform of Egypt’s legal system. They were based on a civil law format and British common law, incorporating Islamic principles, and were intended for disputes between foreign nationals (on both sides) and disputes between foreign nationals and Egyptians.
With the worsening of the financial crisis during the reign of Khedive Ismail, Boutros Effendi, by now General Secretary for the Ministry of Justice, became an assistant to Mostafa Pasha Riadh, chairman of the committee formed to unify debts. Here he learned a great deal about taxes, and wrote a report about taxation in Egypt in French and Arabic. Sir Rivers Wilson, the British delegate to the committee, told Boutros Effendi, ‘You’ll be Minister of Finance one day.’ In appreciation of his skills, the Egyptian government granted Boutros Effendi the title of Bey.7
The reign of Khedive Mohamed Tawfik saw the government tasked with establishing a financial system to settle public debts. The Khedive agreed with debtor countries to form a ‘liquidation committee’, and on 31 March, 1880 a decree on forming the committee was issued. A further decree was issued a week later, appointing its members, and Boutros Bey Ghali was named as Egypt’s representative. The ‘law of legislation’ eventually submitted to the Khedive by the committee remained the basis of Egypt’s financial system until 1904, and Boutros Bey was granted an Ottoman Medal of the Third Order in appreciation of his efforts towards its creation.8 In 1880 Boutros Bey Ghali was granted the title of Pasha.
Bein el-Kasrein Street, Cairo, at the end of the nineteenth century
A street in the European district, Alexandria, at the end of the nineteenth century
In 1881 Prime Minister Mohamed Pasha Sherif declared his intention to draft a legal framework for the employment of civil servants, specifying their duties, the relationship between heads and staff, conditions of employment and promotion, as well as disciplinary and dismissal measures to ensure their good performance. He submitted a report to Khedive Mohamed Tawfik suggesting the formation of a committee to instigate this, and by October of that year, Boutros Pasha had been invited to become a member of it.9 He was also involved in the 1884 committee formed by Nubar Pasha to amend these laws, and which included foreign consuls based in Egypt.
Boutros Bey Ghali in his youth
Whilst working on the translation and amendment of these laws, Boutros Pasha Ghali also prepared the civil laws that would be applied in the new national courts, which opened in January 1884 alongside the already existing religious tribunals, the first civil courts to be established in Egypt. So enthusiastic was Boutros Pasha about the new judiciary system that in early 1884 he led the opening ceremonies of the new civil courts in Alexandria, Tanta, Shebeen Elkom, Benha and Zagazig.
Papers signed by Boutros Pasha Ghali in his capacity as Deputy Minister of Justice
Gendarmes, mid-nineteenth century
Al-Azhar Mosque at the end of the nineteenth century
It was no surprise that Boutros Pasha should face traditionalist resistance to his development of the judiciary system, and in 1884 Sheikh Almahdi and some members of the Advisory Council of Laws (Legislative Council) attempted to have him dismiss...