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Minority Rights in the Middle East

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This document provides an overview of minority rights in the Middle East. It begins with introductory chapters that discuss the contemporary Middle East region, approaches to human rights, and constructions of minority identities. Subsequent chapters examine religious minorities, ethnic and national minorities, and political minorities in greater depth. Case studies of minority rights in Iraq, Syria, and Lebanon are also provided. The document aims to analyze minority rights protections and challenges in the legal frameworks and practices of various Middle Eastern countries.

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MINORITY RIGHTS IN THE MIDDLE EAST This page intentionally left blank Minority Rights in the Middle East JOSHUA CASTELLINO and KATHLEEN A. CAVANAUGH 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered
trade mark of Oxford University Press in the UK and in certain other countries © Joshua Castellino and Kathleen A. Cavanaugh, 2013 Th e moral rights of the authors have been asserted First Edition published in 2013 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland
British Library Cataloguing in Publication Data Data available ISBN 978–0–19–967949–2 Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. 1 In Memory of Lian Abu Hussein ‫ذل‬ ‫رك‬ ‫ى‬ ‫ل‬ ‫اي‬ ‫ن‬ ‫أ‬ ‫وب‬ ‫سح‬ ‫ي‬ ‫ن‬ This page intentionally left blank Table of Contents Table of Case Law ix Table of Legislation x United Nations Documents xii Table of International Organizations’ Documents xvi Introduction 1
1 Th e Contemporary Middle East 9 Introduction 9 1 Th e Territorial Ambit 11 2 Th e Crucial Peace and Security Questions 14 3 Islam, the Middle East and Human Rights Law 29 4 Constructing Minorities 47 5 Approach to Human Rights by Middle Eastern States 54 Conclusion 78 2 Minority Identities in the Middle East: Religious Minorities 79 Introduction 79 1 Non-Muslim Religious Minorities 82 2 Islamic Minorities 127 Conclusion 140 3 Minority Identities in the Middle East: Ethno-national and Other Minorities 141 Introduction 141 1 Trapped Minorities 142 2 Ethnic/National Minorities 165 3 Political Minorities 176 4 Majoritarian Minorities 179 Conclusion 181 4 Minority Rights in Iraq 182 Introduction 182 1 History 186 viii Table of Contents 2 Identifi cation of Minorities 203 3 Rights of Minorities 221
4 Remedies 240 Conclusion 251 5 Minority Rights in Syria 255 Introduction 255 1 History 264 2 Identifi cation of Minorities 288 3 Rights of Minorities 300 4 Remedies 326 Conclusion 332 6 Minority Rights in Lebanon 334 Introduction 334 1 Th e Unwanted Past 338 2 Identifi cation of Minorities 345 3 Rights of Minorities 350 4 Remedies 362 Conclusion 374 Conclusion 376 Bibliography 383 Index 417 Table of Case Law Alhaji lla Alkamawa v Alhaji Hassan Bello and Alhaji Malami Yaro [1998] 6 SCNJ 127 . . . . . . . 243 MK Barakeh v. Tel Aviv Magistrate Court et. Al. , HCJ case 5754/10 [petition withdrawn June 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Zoabi v. Th e Knesset , HCJ case 8148/10 [case pending,
order to show cause issued] . . . . . . . . . 147 Ka’adan v. the Israel Land Administration , HCJ case 6698/95 [PD 54(1) 258 (2000)] . . . . . . . . 149 Adalah, et. al. v. Th e National Council for Planning and Building, et. Al. , HCJ case 2817/06 [June 15, 2010] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 MK Zahava Galonv v. Th e Attorney General, et. al. , HCJ case 466/07 [petition dismissed January 11, 2012] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Adalah and others v. Th e Minister of the Interior , HCJ cases 7052/03, 7102/03 [May 14, 2006] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Table of Legislation Arab Charter for Human Rights 1994 Arab Republic of Egypt, Constitution 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122–3 Arab Republic of Egypt, Decree No. 12025 of the Year 2004 Concerning Certain Provisions Enforcing Law No. 154 of the Year 2004 on Amendment of Certain Provisions of Law No. 26 of the Year 1975 Concerning the Egyptian Nationality July 25, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Arab Republic of Egypt, Decree No. 1231 of the Minister of the Interior May 2011 . . . . . . . . 158 Assyrian National Pact 1932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Camp David Accords September 17, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 23, 25, 150, 158 Charter of the Organisation of the Islamic Conference 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Covenant of the League of Nations 1919 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Darfur Peace Agreement 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Declaration of Agreement for Federal Union of the United Arab Republic, Syria and Iraq April 17, 1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Declaration of Principles on Interim Self-Government Arrangements for Palestinians (Oslo I) September 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26–7 Declaration of the Establishment of the State of Israel May 14, 1948 . . . . . . . . . . . . . . . . . . . . . 21 Egyptian-Israeli General Armistice Agreement February 24, 1949 . . . . . . . . . . . . . . . . . . . . . . . 21 Egypt-Israel Peace Treaty (Heskem HaShalom Bein Yisrael LeMitzrayim ) March 26, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 23, 26, 158 Hashemite Kingdom of Jordan, Constitution 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112–13 Islamic Council of Europe, Universal Islamic Declaration of Human
Rights September 19, 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 74–5 Islamic Republic of Iran, Constitution 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102, 128, 137 Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission (No. 3471) May 14, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 League of Arab States, Arab Charter on Human Rights May 22, 2004 . . . . . . . . . . . . . . . . 4, 74–5 Lebanese-Israeli General Armistice Agreement March 23, 1949 . . . . . . . . . . . . . . . . . . . . . . . . . 21 Pact of the League of Arab States 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Republic of Lebanon, Constitution 1926, amended 1990 . . . . . . . . . . . . . . . . . . 346, 350–9, 365 Republic of Lebanon, Parliamentary Election Law (Law No. 25) October 8, 2008 . . . . . . 359, 370 Revised Arab Charter on Human Rights May 22, 2004, entered into force March 15, 2008 . . . 75 Syrian Arab Republic, Code of Personal Status For Catholic Communities in Syria, (Law No. 31) 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Syrian Arab Republic, Constitution 1973, amended 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111, 302, 308, 310, 311–14, 316, 320, 322, 324 Syrian Arab Republic, Labour Code (Law No. 279) June 1, 1946 . . . . . . . . . . . . . . . . . . . . 324–5 Syrian Arab Republic, Law of Local Government (Legislative Decree No.
15) May 11, 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319–20 Syrian Arab Republic, Law of Personal Status 1953, amended 1975 . . . . . . . . . . . . . . . . . . . . . . 92 Syrian Arab Republic, Legislative Decree No. 26 April 14, 1973 . . . . . . . . . . . . . . . . . . . . . . . 317 Syrian Arab Republic, Legislative Decree No. 49 April 7, 2011 . . . . . . . . . . . . . . . . . . . . . . . . 263 Th e Balfour Declaration, November 2, 1917 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18–19, 280 Th e Beirut Declaration on the Regional Protection of Human Rights 2003 . . . . . . . . . . . 74–5, 77 xiTable of Legislation Th e Cairo Declaration 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 74–5 Th e Lebanese Republic, Law of 16 July 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Th e Palestinian-Israeli Agreement on Security Arrangements in Hebron and the Renewal of the Negotiation, March 31, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e Palestinian-Israeli Declaration of Principles on Interim Self-Government Authority 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e Paris Protocol April 29, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e People’s Democratic Republic of Algeria, Constitution 1963, amended 1996 . . . . . . . . . 92–3 Th e Republic of Iraq, Constitution 2005 . . . . . . . . . . . . .
163, 186, 202, 221–240, 244, 249, 356 Th e Republic of Yemen, Constitution 1994, amended 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Th e State of Israel, 7 Laws of the State of Israel (LSI) 113 (5713-1952/53) . . . . . . . . . . . . . . . 146 Th e State of Israel, Land Acquisition Law 1953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Land Administration Law, Amendment No. 7 (5769–2009), the Book of Laws 2209 August 10, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Th e State of Israel, Lands Law, Amendment No. 3 (5771- 2011), the Book of Laws 2291 April 5, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Law to Amend the Cooperative Societies Ordinance (No. 8) 5771-2011 March 30, 2011, the Book of Laws 2286 . . . . . . . . . . . . . . . . . . . . . . 148–9 Th e State of Israel, Law to Amend the Land (Acquisition for Public Purposes) Ordinance, No. 3 (5770-2010), the Book of Laws 2228 February 15, 2010 . . . . . . . . . . . . . 147 Th e State of Israel, Th e Absentees’ Property Law 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Th e Nationality and Entry into Israel Law (Amendment) July 27, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Nationality and Entry into Israel Law (Amendment)
March 21, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Nationality and Entry into Israel Law July 31, 2003 . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Negev Development Authority Law, Amendment No. 4 (5770-2010), the Book of Laws 2250 July 22, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e Treaty of Lausanne 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282, 318 Treaty Alliance between Britain and Iraq October 10, 1922, FO 371/14515 E125/125/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190–1 Treaty of Peace between the Hashemite Kingdom of Jordan and the State of Israel (Wadi ‘Araba) October 26, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 United Nations Documents General Assembly Res. 181(II), ‘Future Government of Palestine’, UN Doc. A/Res/181/A-B, November 29, 1947 (29 Nov. 1947) . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 152 General Assembly Res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 49, UN Doc. A/6316 (1966), 993 UNTS 3, entered into force
January 3, 1976 . . . . . . . . . . . . . 55 General Assembly Res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966), 999 UNTS 171, entered into force March 23, 1976 . . . . . . . . . 55–6 General Assembly Res. 34/180, 34 UN GAOR Supp. (No. 46) at 193, UN Doc. A/34/46, entered into force September 3, 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 39/46, annex, 39 UN GAOR Supp. (No. 51) at 197, UN Doc. A/39/51 (1984), entered into force June 26, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 44/25, annex, 44 UN GAOR Supp. (No. 49) at 167, UN Doc. A/44/49 (1989), entered into force September 2, 1990 . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 44/128, annex, 44 UN GAOR Supp. (No. 49) at 207, UN Doc. A/44/49 (1989), entered into force July 11, 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 57 General Assembly Res. 54/4, annex, 54 UN GAOR Supp. (No. 49) at 5, UN Doc. A/54/49 (Vol. I) (2000), entered into force December 22, 2000 . . . . . . . . . . . . . . . 56 General Assembly Res. 54/263, Annex II, 54 UN GAOR Supp. (No. 49) at 6, UN Doc. A/54/49, Vol. III (2000), entered into force January 18, 2002 . . . . . . . . . . . . . . . . 57
General Assembly Res. 54/263, Annex I, 54 UN GAOR Supp. (No. 49) at 7, UN Doc. A/54/49, Vol. III (2000), entered into force February 12, 2002 . . . . . . . . . . . . . . . 57 General Assembly Res. 45/158, annex, 45 UN GAOR Supp. (No. 49A) at 262, UN Doc. A/45/49 (1990), entered into force July 1, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 60/251, UN Doc. A/RES/60/251, entered into force April 3, 2006 . . . . 73 General Assembly Res. 57/199, UN Doc. A/RES/57/199, entered into force June 22, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 General Assembly Res. 61/106, Annex I, UN GAOR, 61st Sess., Supp. No. 49, at 65, UN Doc. A/61/49 (2006), entered into force May 3, 2008 . . . . . . . . . . . . . . . . . . . . . 56 General Assembly Res. 63/117, UN Doc. A/RES/63/177 (2008), opened for signature September 24, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 General Assembly Res. 61/177, UN Doc. A/RES/61/177 (2006), entered into force December 23, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Secretary General Report UN Doc. S/12611, March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 242, S/RES/242 (1967), November 22,
1967 . . . . . . . . . . . . . . . . . . . . . 26 Security Council Res. 425, S/RES/425 (1978), March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 426, S/RES426 (1978), March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 509, S/RES/509 (1982), June 6, 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/1999/48, November 11–14, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/2004/43/Add.1, October 2–5, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/2004/43, November 18–20, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/1999/103, November 11, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 xiiiUnited Nations Documents Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2000/110, January 26, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2002/119, January 14, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2004/103, November 30, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2005/117, March 11, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report A/HRC/2/CRP.2, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report A/HRC/7/26, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2002/95/Add.1, February 5, 2002 . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2003/86/Add.1, November 27, 2002 . . . . . . . . . . . . . 72
Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2005/8, July 24–31, 2004 . . . . . . . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to Southern Sudan, Report E/CN.4/2006/71/Add.6, February 13, 2006 . . . . . . . . . 72 Special Representative of the Secretary General on the Situation of Human Rights Defenders, Mission to Israel and the Occupied Palestinian Territories, Report E/CN.4/2006/95/Add.3, October 4–11, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71–2 Special Rapporteur on the Right to Education, Mission to Morocco, Report A/HRC/4/29/Add.2, February 7, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Special Rapporteur on Adequate Housing as a Component of the Right of an Adequate Standard of Living, Visit to the Occupied Palestinian Territories, Report E/CN.4/2003/5/Add.1, January 5–10, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Adequate Housing as a Component of the Right of an Adequate Standard of Living, Mission to Afghanistan, Report E/CN.4/2004/48/Add.2, September 1–12, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Adequate Housing as a Component of
the Right of an Adequate Standard of Living, Mission to Iran, E/CN.4/2006/41/Add.2, July 19–30, 2005 . . . . . . . . . . 72 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mission to Afghanistan, Report E/CN.4/2003/3/Add.4, October 13–23, 2002 . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Mission to the Sudan, Report E/CN.4/2005/7/Add.2, June 2–12, 2004 . . . . . . . . . . . . . . . . 72 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mission to Afghanistan, Report A/HRC/8/3/Add.6, May 5–15, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Freedom of Religion or Belief, Mission to Algeria, Report E/ CN.4/2003/66/Add.1, September 16–26, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71, 92 Special Rapporteur on Freedom of Religion or Belief, Mission to Israel, Report A/HRC/10/8/Add.2, January 20–27, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Human Rights and Counter Terrorism, Mission to Israel, Report A/HRC/6/17/Add.4 [and A/HRC/6/17/Add.4/Corr.1], July 3–10, 2007 . . . . . . . . 71–2 Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance, Mission to Kuwait, Report E/CN.4/1997/71/Add.2, November 17–27, 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Mauritania Report A/HRC/7/19/Add.6, January 20–24, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 xiv United Nations Documents Special Rapporteur on the Human Rights of Migrants, Mission to Iran, Report E/CN.4/2005/85/Add.2, February 22–29, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Right to Food (3–12/07/2003), Mission to the Occupied Palestinian Territories, Report E/CN.4/2004/10/Add.2, July 3–12, 2003 . . . . . . . . 72 Special Rapporteur on the Right to Freedom of Opinion and Expression, Mission to the Sudan Report E/CN.4/2000/63/Add.1, September 20–26, 1999 . . . . . . . . . . 72 Special Rapporteur on the Right to Freedom of Opinion and Expression, Mission to Iran, Report E/CN.4/2004/62/Add.2, November 3– 11, 2003 . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in Iraq,
Report E/CN.4/2001/42, November 5–9, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in Iraq, February 11–15, 2002 . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories since 1967, Report A/HRC/10/20, February 11, 2009 . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/1998/66, January 1, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/1999/38/Add.1, May 17, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2000/36, April 19, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2002/46, January 23, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2003/42, January 6, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2006/111, January 11, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report A/61/469, September 20, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report A/HRC/7/22, March 3, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, Report A/HRC/4/33/Add.3, June 25– 29, 2006 . . . . . . . . . . . . . . 71 Special Rapporteur on Traffi cking in Persons, especially Women and Children, Mission to Lebanon, Report E/CN.4/2006/62/Add.3, September 7–16 , 2005 . . . . . . . . . . . 73 Special Rapporteur on Traffi cking in Persons, especially Women and Children, Mission to Bahrain, Qatar and Oman, Report A/HRC/4/23/Add.2, November 17, 2006 . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Pakistan and Afghanistan, Report E/CN.4/2000/68/Add.4, September 1–13, 1999 . . . . . 71 Special Rapporteur on Violence against Women, its Causes
and Consequences, Mission to the Occupied Palestinian Territories, E/CN.4/2005/72/Add.4, June 13–18, 2004 . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to the Sudan, Report E/CN.4/2005/72/Add.5, September 28 to October 2, 2004 . . . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Iran, Report E/CN.4/2006/61/Add.3, January 29 to February 6, 2005 . . . . . . . . . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Afghanistan, Report E/CN.4/2006/61/Add.5, July 9–16, 2005 . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Algeria, Report A/HRC/7/6/Add.2, January 21 to February 1, 2007 . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health; Representative to the Secretary General on Human Rights of Internally Displaced Persons and Special Rapporteur on
United Nations Documents xv Adequate Housing as a Component of the Right of an Adequate Standard of Living, Joint visit to Lebanon and Israel, Report A/HRC/2/7, September 10–13, 2006 . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Mission to Syria, UN.Doc. A/HRC/17/25/Add.3, March 21, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 Working Group on Arbitrary Detention, Mission to Iran, Report E/CN.4/2004/3/Add.2/Corr.1, February 15–27, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Working Group on Enforced or Involuntary Disappearances, Mission to Yemen, Report E/CN.4/1999/62/Add.1/Corr.1, August 17–21, 1998 . . . . . . . . . . . . . . . . . . 73 Working Group on the Use of Mercenaries, Mission to Afghanistan, Report A/HRC/15/25/Add.2, April 4–11, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 UN Commission on Human Rights, Report on the situation of human rights in Iraq, March 15 , 2002, E/CN.4/2002/44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 UN High Commissioner for Refugees, Background Information on the
Situation of Non-Muslim Religious Minorities in Iraq, October 1, 2005 . . . . . . . 204, 210, 217 UN High Commissioner for Refugees, ‘Surviving in the city: A review of UNHCR’s operation for Iraqi refugees in … 1 Routledge Handbook on Human Rights and the Middle East and North Africa Uprisings’ have exploded notions that human rights are irrelevant to Middle Eastern and North African politics. Increasingly seen as a global concern, human rights are at the fulcrum of the region’s on- the-ground politics, transnational intellectual debates, and global political intersections.
and North Africa: emphasises the need to consider human rights in all their dimensions, rather than solely focusing on the political dimension, in order to understand the structural reasons behind the persistence of human rights violations; onsider human rights—conceptual, political and transnational/international; discusses issue areas subject to particularly intense debate— gender, religion, sexuality, transitions and accountability; contains contributions from perspectives that span from global theory to grassroots reflections, emphasising the need for academic work on human rights to seriously engage with the thoughts and practices of those working on the ground. 2 expertise allows the book to capture the complex dynamics by
human rights have had, or could have, an impact on Middle Eastern African politics and society, as well as anyone with a concern for Human Rights across the globe. Anthony Tirado Chase is a Professor in International Relations at Occidental College, USA. Professor Chase is a theoretician of human in the context of the Middle East. 3 Routledge Handbook on Human Rights and the Middle East and North Africa Edited by Anthony Tirado Chase 4
First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 5 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 Anthony Tirado Chase editorial material, and of the authors for accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any nical, or other means, now including photocopying and recording, or in any information storage or retrieval system,
without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Names: Chase, Anthony Tirado, editor. Title: Routledge handbook on human rights and the Middle East and North Africa / edited by Anthony Tirado Chase. Other titles: Handbook on human rights and the Middle East and North Africa Description: Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2017. | Includes bibliographical references and index. Identifiers: LCCN 2016021351 | ISBN 9781138807679 ISBN 9781315750972 (ebook) Subjects: LCSH: Human rights–Middle East. |
Human rights–Africa, North. Classification: LCC JC599.M53 R68 2017 | DDC 323.0956– dc23 https://lccn.loc.gov/2016021351 6 ISBN: 978-1-13880767-9 (hbk) ISBN: 978-1-31575097-2 (ebk) Typeset in Bembo 7 Sanders for their invaluable help in editing this volume. 8 Dedication Dedicated to the sweet memory of Ruth Flora Tirado Chase. My
mother passed on the sense that nothing is worth doing unless it is —and all that led to its creation—is saturated with that spirit. Death is not an end; the spirit lives on through the acts it continues to inspire. Front cover artist: Ganzeer Cover art: “Of course, Harara, 2014” Art description: A portrait of Ahmed Harara. Harara is an Egyptian activist who lost one eye to a bullet during the January 28, 2011 to Hosni Mubarak’s fall from power on February 11, 2011. Harara lost his other eye during anti-military protests near the Ministry of the one of many protestors to lose eyes to sniper fire. -repeated Egyptian
Designed in Cairo, Egypt, 2013. 9 Contents Cover Title Copyright Dedication CONTENTS Editor biography List of contributors PART I Frameworks SECTION I Introduction and overview 1 Human rights and the Middle East and North Africa: indivisibility, social rights, Anthony Tirado Chase
SECTION II A conceptual framework: political, economic, and cultural rights in the Middle East and North Africa 2 Political legitimacy, contingency, and rights in the Middle East and North Africa Hussein Banai 3 Economic rights in the Middle East and North Africa Zehra F. Kabasakal Arat kindle:embed:0006?mime=image/jpg 10 4 Cultural rights in the Middle East and North Africa: art, revolution, and repression Mark LeVine SECTION III A political framework: intersecting human rights and governance crises in the Middle East and North Africa
5 Genocide in the contemporary Middle East: a historical and comparative regional perspective Martin Shaw the Arab World: a framework for understanding Radical Islamism Nader Hashemi in Turkey: one step forward, two steps Turan Kayaoglu since the Green Movement Shadi Mokhtari and Neda Nazmi 9 Narrating law: Israel and the Occupied Territories Kathleen Cavanaugh
of international humanitarian law Stephen Zunes SECTION IV A transnational and international framework: human rights beyond borders 11 11 Rival transnational advocacy networks and Middle East politics at the U.N. Human Rights Council Laura K. Landolt 12 Redefining rights: Organization of values in the U.N. human rights system Ann Mayer Mahmood Monshipouri
14 Rights, refugees, and the case of Syria: what do human rights offer? Kathleen Hamill PART II Issues SECTION V Gender and human rights in the Middle East and North Africa 15 Colliding rights and wrongs: intimate labor, health, human rights, and the state in the Gulf Pardis Mahdavi policy and human rights in Iran Homa Hoodfar 17 Women’s rights in the Middle East: constitutions and consequences Anicée Van Engeland 1 human rights
Micheline Ishay 12 SECTION VI Religion and human rights in the Middle East and North Africa 19 Shari`ah and human rights Khaled Abou El Fadl 20 Islam, the principle of subjectivity, and individual human rights Barbara Ann Rieffer-Flanagan rejection, reconciliation, or reconceptualization? Marie Juul Petersen 22 Rhetoric versus reality: American foreign policy and religious freedom in the Middle East Barbara Ann Rieffer-Flanagan
SECTION VII Transitions and accountability in the Middle East and North Africa 23 Core transitional justice debates in the Middle East and beyond Eric Wiebelhaus-Brahm 24 Courts as a tool in transitions: lessons from the special tribunal for Lebanon Chandra Lekha Sriram 25 Lessons on transitioning from authoritarianism: pitfalls and promise from Tunisia’s experience Rim El Gantri cultural rights in Morocco Osire Glacier 13 PART III Conclusions: global theory and grassroots
reflections SECTION VIII Conclusions from a global viewpoint: theoretical justifications and contestations around human rights 27 International human rights at 70: has the Enlightenment project run aground? David P. Forsythe 28 On the local relevance of human rights Koen de Feyter 29 Israel/Palestine, human rights and domination Nicola Perugini and Neve Gordon Alison Brysk 31 Making human rights ‘universals’ from the ground up? Lisa S. Alfredson
SECTION IX Conclusions from a grassroots viewpoint: reflections on dynamics around struggles for human rights in the Middle East and North Africa 32 Reflections on three decades of human rights work in the Arab region Fateh Azzam 33 Egypt 2011–15: how can a democratic revolution fail to improve human rights conditions? Amr Hamzawy 14 34 Reflections on human rights before and Bahey eldin Hassan 35 Human rights, law and politics: a reflection on human rights work in the
Middle East and North Africa Lynn Welchman Index 15 Editor Biography Anthony Tirado Chase is a Professor in International Relations at Occidental College, USA. Professor Chase is a theoretician of human recent article is “Human Rights Contestations: Sexual Orientation and Gender Identity” in International Journal of Human Rights (April, 2016). His previous books are Human Rights, Revolution, and Reform in the Muslim World (2012) and Human Rights in the Arab World: Independent Voices (co-edited with Amr Hamzawy, 2006).
16 Contributors Dr. Khaled Abou El Fadl is the Omar and Azmeralda Alfi Distinguished Professor in Islamic Law at the University of fourteen books on various topics in Islam and Islamic law, including his most recent work Reasoning with God: Reclaiming Shari`ah in the Modern Lisa S. Alfredson is an Assistant Professor at the University of She is the author of the book, Creating Human Rights (University of Pennsylvania Press, 2008), as well as numerous policy reports for international human rights organizations. Zehra F. Kabasakal Arat is Professor of Political Science at the University of Connecticut. Exploring both theoretical and empirical
questions of human rights, with an emphasis on women’s rights and their interpretation/application in Islamic and Turkish contexts, she published numerous books and articles on human rights and their relation to democracy, development and globalization. Fateh Azzam is the Director of the Asfari Institute for Civil Society and Citizenship, and Senior Policy Fellow at the Issam Fares Institute for Public Policy and International Relations, both at the American University in Beirut. He previously served as the Middle East Regional Representative of the U.N. High Commissioner for Human Rights, Director of Forced Migration and Refugee Studies at the 17 American University in Cairo, Human Rights Program Officer at the Ford Foundation in Lagos and Cairo, and Director of the
Palestinian organization Al-Haq. He led the process of establishing the Arab Human Rights Fund. Hussein Banai is an Assistant Professor in the Department of Studies at Indiana University. Aliso University of California, Santa Barbara. She is the author and editor of ten volumes on international human rights. Kathleen Cavanaugh is socio- Lecturer in the Faculty of Law, Irish Centre for Human Rights, National University of Ireland, Galway. Koen De Feyter is Professor of International Law at the Group on Law and Development of the University of Antwerp, Belgium. Rim El Gantri is a transitional justice expert who is currently head
of office at the International Center for Transitional Justice, Nepal. She led the ICTJ Tunisia program for about five years. Notable among her published writings is “Tunisia in Transition: One Year Truth and Dignity Commission.” Distinguished Professor of Political Science Emeritus, at the University of Nebraska-Lincoln. He taught various aspects of International Relations for forty-two years, with special human rights and humanitarian affairs. 18 International Studies at Bishop’s University. She is the author of Universal Rights, Systemic Violations and Cultural Relativism in Morocco (New York: Palgrave-Macmillan, 2013); and Political Women
in Morocco, Then and Now (Trenton: Africa World Press, 2013). Neve Gordon is a Professor of Politics at Ben-Gurion University in Israel and is the author of Israel’s Occupation (California: University of California Press, 2008) and co-author of The Human Right to Dominate (New York: Oxford University Press, 2015). Kathleen Hamill is an independent human rights lawyer and for Health and of Professor. Amr Hamzawy is a Professor at both American University in Cairo, and Cairo University. Dr. Hamzawy is a former member of both the Egyptian People’s Assembly and the Egyptian National Council for Human Rights, as well as author of, A Margin for Democracy in
Egypt – The Story of An Unsuccessful Transition (in Arabic), among other books. Nader Hashemi is an Associate Professor of Middle East and Islamic Politics and the Director of the Center for Middle East Studies at the Studies. Bahey eldin Hassan is the Director of the Cairo Institute for Human Rights Studies. He has authored and edited many books, and articles on human rights in the Arab region. Homa Hoodfar is Professor of Anthropology at Concordia 19 intersection of political economy, gender and development and women’s movements and electoral politics in the Middle East.
University of Denver. She is the author and editor of numerous books, including Internationalism and Its Betrayal, The Nationalism Reader, The History of Human Rights: From Ancient Times to the Era of Globalization, and The Human Rights Reader. Turan Kayaoglu is a Professor of International Relations at the Washington, Tacoma. He is the Editor-in-Chief of Muslim World Journal of Human Rights. Laura K. Landolt is Associate Professor of Political Science at Oakland University. She examines relationships between state power and human rights advocacy. Mark LeVine is Professor of Modern Middle Eastern History at University of California, Irvine, and a Distinguished Visiting Professor at Lund University’s Center for Middle Eastern Studies. He
University of Beirut to study the evolution of human rights discourses in the Arab world. Pardis Mahdavi, PhD, is Associate Professor at Pomona College and include rights, youth culture, transnational feminism and public health in ures. Ann Elizabeth Mayer is an Emeritus Associate Professor of Legal University 20 contemporary Middle East and North Africa and international Human Rights was published in 2012.
focuses on the local and international politics of human rights in the Middle East. Francisco State University and University of California, Berkeley. He is editor, most recently, of Information Politics, Protests, and Human Rights in the Digital Age (New York: Cambridge University Press, 2016) and Inside the Islamic Republic: Social Change in Post- Khomeini Iran, (London: Hurst & Company, forthcoming). Neda Nazmi is an expert in Iranian politics and civil society development. She holds Masters degrees from American University and Allameh Tabataba`i University, and a BA in Political Science from Tehran University.
Nicola Perugini is Mellon Postdoctoral Fellow at Brown University and co-author of The Human Right to Dominate (New York: Oxford University Press, 2015). Marie Juul Petersen is a sociologist of religion with a PhD from Copenhagen University. She works at the Danish Institute for Barbara Rieffer-Flanagan is a Professor of Political Science at on the intersection of religion, politics and human rights. 21 Martin Shaw is a sociologist of global politics, war and genocide. He Institut Barcelona d`Estudis Internacionals, Professorial Fellow in International Relations and Human Rights at the University of Roehampton, London, and Emeritus Professor of the University of Sussex.
and peace Lebanon. She is Professor of International Law and International Relations and Director of the Centre on Human Rights in Conflict at the University of East London. Bassam Tibi, born in Damascus, was Professor of International Relations until his retirement in 2009 from the University of universities including Harvard, Princeton, Yale and the latest, Cornell University, where he acted as A. D. White Professor between 2006 and 2010. for Socio-Legal Studies and a Lecturer in law and religious studies at Cardiff University. e Middle East and North
Africa at SOAS, University of London. Prior to becoming an academic she worked with non-governmental organizations (NGOs) in the Arab human rights movement, mostly in Palestine but also elsewhere in the Middle East and North Africa, an engagement she has sought to maintain since joining SOAS. Eric Wiebelhaus-Brahm is Assistant Professor of Political Science interests include transitional justice, human rights, post-conflict reconstruction, and democratization. 22 Stephen Zunes is a Professor of Politics and coordinator of Middle focus includes human rights, U.S. foreign policy, strategic nonviolent
action, and Middle Eastern/North African politics. 23 Part I Frameworks 24 Section I Introduction and overview 25 1 Human Rights and the Middle East and North Africa Indivisibility, social rights, and structural Anthony Tirado Chase
26 Introduction In conceptualizing this Handbook, I have sought to highlight original to goal in doing so is simple: to capture in ways that cannot be done in human rights have had or could have an impact on MENA politics. intellectual conversations are high a popular uprisings inflected by human rights principles have been violently repressed everywhere from Iran, across the Arab world, and in Turkey. In their place, long dominant authoritarianisms are ms vary among secular, ethnic, and/or Islamist justifications, but share a common foundation in
authoritarianisms show a resilience and ability to morph into progressively more brutal systems of power that leave many with the sense that there is no alternative. - colonial inheritance of despotic power structures, current realities of failed governance that have exacerbated divisions al ong many fault lines, and extra-regional forces that consistently reinforce anti- -interest.” Nonetheless, it is also worth remembering that human rights have long been part of informing subterranean articulations of alternatives to dominant forms of culture, economics, politics, and quite visibly— rebellion, and social resistance—during the popular uprisings that
27 swept the region from 2009 to 2013. But, now that the hope represented by those uprisings seems a distant memory, there has been a return by many in academic and policy-making circles to status quo thinking that assumes the MENA is solely defined by secular military rule or anti-pluralist Islamisms? Syrian-style “stability” or fiefdoms ruled by misleading ones. Lazily taking them as a frame effaces other possibilities, serving the purposes of elites invested in their perpetuation with devastating results for the region’s peoples, societies, and states, as well as the broader regional and global order. Most specific to this Handbook’s purposes, those frames have limited thought about even the possibility of alternatives to the
have, nonetheless, persisted in many parts, nine sections, and thirty- in particular, have become interwoven with discourses that reject false - inflected discourses have sought, instead, to somehow make space in the MENA’s political, economic, cultural, and social structures for pluralisms of different sorts. I will conclude this introductory ter domain, with particular reference to sexual orientation and gender identity-related (SOGI) rights. I argue that connecting social resistances to human rights is not just important in isolation; it is connected to sustaining interconnected resistances in the cultural,
economic, and political rights’ spheres. In that light, the goal in this Handbook of coming to terms with human rights’ potential impacts is ambitious, but more realisti c than make sense of how rights have been part of varieties of resistances against 28 dominant power structures—local, domestic, regional, and international—and, beyond that, what the variables are that will determine if they may do so more successfully in the future. 29 indivisibility, intersections, multidisciplinarity, and beyond rs
who in diverse ways— other and, indeed, in disagreement with my own views—are at the edge in thought about what human rights are, how they can be the MENA condition whether human rights will or will not have an disciplines as well as regional and thematic expertise. Part I of the on, further situate the reader within frameworks for thinking about human rights in the MENA. Section II gives a conceptual framework inclusive of different categories of human rights—from social rights to political, economic, and cultural rights. Section III gives a political framework inclusive of key countries, sub-regions, and the U.S. as an omnipresent external hegemon. Section IV gives a transnational
and international framework that makes clear the intersecting levels in global politics throu play out, and how powerful states increasingly contest human rights at all of these levels. Part II’s sections focus the reader on issue areas that have been subject to particularly intense debate. Section V explore rights’ relevance in the MENA. Section VI gives different points of view on the intersections of religion and human rights in the predominantly Muslim MENA. Section VII takes on transitions and accountability demands 30
institutions. Part III contains two concluding sections that end the Handbook in a particularly distinctive manner. Section VIII’s Conclusions from a global viewpoint: theoretical justifications and contestations around human rights calls on human rights theoreticians with a global perspective to shed light on human rights in the MENA. MENA is not an insular region disconnected from global currents, including those in academic circles. To the contrary, academic conversations about human rights’ history, relation to the state, and their contradictory dynamics in many parts of the world can and should info these rights that see them as having progressively grown out of Enlightenment thought and post-WWII history. A top down
diffusion of human rights from a singular foundation— philosophical or historical—is increasingly seen as less important to human rights’ rights have been malleable enough to be seized and repurposed as useful tools to grassroots struggles in many different contexts around the globe. conceptualization of Section IX’sConclusions from a grassroots viewpoint: reflections on dynamics around struggles for human -practitioners who reflect on their decades of work on human rights in the region. It is a key premise of this Handbook that academic work on human rights in the MENA should more seriously is
general and, most egregiously, on human rights in the MENA. Lynn 31 with the observation that academics need to be open to being ‘surprised’ —that is to having their … H u m a n R i g h ts i n t h e M i d d l e E a s t This page intentionally left blank H u m a n R i g h ts i n t h e M i d d l e E a s t F r a m e w o r k s, G o a l s, a n d S t r at e g i e s E d i t e d b y M a h m o o d M o n s h i p o u r i
HUMAN RIGHTS IN THE MIDDLE EAST Copyright © Mahmood Monshipouri, 2011. All rights reserved. First published in 2011 by PALGRAVE MACMILLAN® in the United States – a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Pub- lishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. Library of Congress Cataloging-in-Publication Data Human rights in the Middle East : frameworks, goals, and strategies / edited by Mahmood Monshipouri. p. cm. 1. Human rights—Middle East. 2. Human rights—Religious
aspects—Islam. 3. Islam and politics—Middle East. I. Monshipouri, Mahmood, 1952– JC599.M53H85 2011 323.0956—dc23 2011020954 A catalogue record of the book is available from the British Library. Design by MPS Limited, A Macmillan Company First edition: December 2011 10 9 8 7 6 5 4 3 2 1 ISBN 978-1-349-29882-2 ISBN 978-1-137-00198-6 (eBook) DOI 10.1057/9781137001986 Softcover reprint of the hardcover 1st edition 2011 978-0-230- 12061-7 C o n t e n ts List of Tables vii Acknowledgments viii Introduction 1 Part I Introduction I: Problems with the Current Frameworks 23
1 Framing the Human Rights Discourse: The Role of Natural Localism and the Power of Paradigm 27 Lawrence Davidson 2 Islam and Human Rights: Ideals and Practices 41 Manochehr Dorraj 3 Human Rights through the Lens of Islamic Legal Thought 57 Halim Rane 4 Islamophobia, Defamation of Religions, and International Human Rights 73 Turan Kayaoğlu Part II Introduction II: Common Goals and Case Studies 91 5 Human Rights and the Kurdish Question in the Middle East 95 Nader Entessar 6 The Janus Nature of Human Rights in Iran: Understanding Progress and Setbacks on Human Rights Protections since the Revolution 111 Barbara Ann Rieffer-Flanagan 7 From Omission to Reluctant Recognition: Political Parties’ Approach to Women’s Rights in Turkey 129 Zehra F. Kabasakal Arat
8 Minorities and Marginalized Communities in the Middle East: The Case for Inclusion 153 Mahmood Monshipouri and Jonathon Whooley 9 Lessons from Movements for Rights Regarding Sexual Orientation in the Arab World 171 Anthony Tirado Chase Part III Introduction III: Strategies 189 10 A Prospect of Democratic Uprisings in the Arab World 193 Bahey eldin Hassan 11 Counterterrorism, Nation- building, and Human Rights in the Middle East: Complementary or Competing Interests? 211 Mahmood Monshipouri and Shadi Mokhtari 12 Migrant Workers and Their Rights in the United Arab Emirates 227 Mahmood Monshipouri and Ali Assareh 13 Health and Human Rights in Palestine: The Siege and Invasion of Gaza and the Role of the Boycott, Divestment and Sanctions Movement 245 Jess Ghannam
List of Contributors 263 Index 267 vi C o n t e n t s Ta b l e s 4.1 Voting Patterns at the HRC and UNGA 78 7.1 The list of political parties and programs included in the study 132 8.1 Selected minority groups 155 12.1 Population of the United Arab Emirates 230 13.1 PHCR summary of deaths and injuries in Gaza during 23-day IOF offensive by province 250 A c k n ow l e d g m e n ts This volume, which grew out of a conference on the Middle East and Islamic Studies, held on the campus of San Francisco State University, October 16–17, 2009, intends to enhance the global parameters of human rights by illustrating ways in which the protections against violence, torture, and discrimination, extrajudicial killings, as well as freedom from hunger in the region—and for that matter, the rest of the
world—must be upheld in the name of human dignity, welfare, security, and social justice. Of particular relevance to this project is the question of whether a commitment to the full range of human rights is even feasible given the cultural diversity, unequal economic circumstances, and socio- economic priorities of the expanding globalized world. It is equally important to ascertain the appropriateness and desirability of applying the international human rights framework in the Middle East. More- over, we hope the debates offered in this volume will shed light on the international human rights project originating from the Middle Eastern countries by helping to defi ne political and human rights dis- courses in a way that transcends traditional and conventional thinking. Thus, in addition to inquiries about how international human rights norms have shaped the consciousness and behavior of actors in the region, we are interested in exploring the ways in which Muslim actors themselves have potentially contributed to the promotion of interna- tional human rights norms. A culmination of many years of work on human rights in the Middle
East and North Africa, this book represents a joint effort by many schol- ars from different disciplines—history, political science, international law, religious studies, public health, and international relations —and various parts of the world, including Australia, Egypt, Iran, Turkey, England, the Palestine, and the United States. I owe a debt of gratitude to all contributors to this volume who submitted several drafts of their proj- ects and endured through the lengthy process of review. Special thanks are also due to Jonathon Whooley and Ali Assareh whose assistance was an equally valuable part of completing this volume. Some of the most insightful remarks that we received were provided by anonymous external reviewers. We gratefully acknowledge their invaluable assistance and support at various stages of this book. Finally, we express our deep gratitude to the Middle East and Islamic Studies Center of the San Francisco State University that made it possible to bring about this human rights workshop. A c k n o w l e d g m e n t s ix
4I n t r o d u c t i o n M a h m o o d M o n s h i p o u r i There is unfortunately little prospect of eliminating all obstacles to protecting human rights in the twenty- fi rst century. Applying universal human rights standards across the globe is a diffi cult and daunting task. Many problems and challenges lie ahead. One of the most formidable tasks facing the international human rights community is to establish whether a commitment to the full range of human rights is even feasible given the cultural diversity, unequal economic circumstances, and socio- economic priorities of the expanding globalized world. A related focus of this volume will be on the extent to which the dynamics surrounding the human rights challenges in the Middle East conform to or diverge from such dynamics in other parts of the world. Since the protection of all human rights requires perfection regardless of region, two sensible ques- tions to ask regarding the Middle East are: (a) To what extent progress or improvement can realistically be made on the status quo? and (b) To what extent are the apparent or real features of such uniqueness a func- tion of contemporary manifestations of Orientalism and
Islamophobia? Another line of inquiry we would like to pursue in this volume is to ascertain the appropriateness and desirability of applying the inter- national human rights framework in the Middle East. What does the international human rights framework offer Middle Eastern countries? In what ways does it foster local efforts to improve human rights in the Middle East and in what ways does its baggage of imperialism, neoimperi- alisms, power relations, and appropriations of human rights discourses by governments pursuing their own geopolitical interests damage such local and authentic efforts? This fi rst inquiry inherently leads to a second: Is an Islamic social, political, and legal framework compatible with the notion of human rights? In addressing these two main questions, we hope to take on 2 M a h m o o d M o n s h i p o u r i the task of examining the human rights project, proposing ways to apply universal norms across diverse nations and cultures in the region. Additionally, we hope the debates offered in this volume will highlight
potential contributions to the international human rights project origi- nating from the Middle Eastern countries. Thus, in addition to inqui- ries about how international human rights norms have impacted the consciousness and behavior of actors in the region, we are interested in learning about how Muslim actors—scholars, activists, lawyers, journal- ists, cultural elite, and policymakers—have, and potentially can contribute to the development of international human rights norms. There is a good deal of discussion about the barriers of transcending the application of Western human rights standards. They may have been Western in origin, but they have been globally endorsed, which suggests that human rights norms responded to dangers to human dignity found in all states and regions. We need to engage such discussions in order to substantiate or disprove the reasoning and rationale underlying it all. Finally, given the state of contemporary international affairs, few discus- sions of human rights in the Middle East can transpire without at least some reference to the relationship between the Middle Eastern countries and the West, particularly the United States, its policies, geopolitical considerations, and human rights practices and discourses. We hope that contributors to
this volume will help to illuminate the complexities of this relationship and the impact of its discourses and counterdiscourses on human rights, in a way that transcends traditional and conventional scholarship. There can be no doubt that the increasing global attention to legal matters and human rights has fostered the idea of holding states to higher moral and legal standards, causing more dissonance than consensus among states on matters of interpretation and enforcement. With some exceptions, states have nevertheless cooperated with the International Criminal Tribunals for Rwanda and the former Yugoslavia, both of which have issued powerful indictments against war criminals. The International Criminal Court (ICC) has come closer to becoming an operational insti- tution. This is evident by the way in which the ICC’s Prosecutor Luis Moreno Ocampo has pushed for the arrest of Sudanese President Omar Hassan al- Bashir, the most senior fi gure and the fi rst sitting head of state, charged and pursued by the court. There are new developments in crimi- nal justice and international criminal law. While many obstacles remain en route to protecting human rights globally, it is important to continue efforts aimed at doing so. Human rights continue to fi gure in high- level
foreign policy, as in the 2011 US- China summit. Similarly, human rights continue to fi gure in many regional and national developments, as can be seen in Ivory Coast, Honduras, and other cases. These positive trends have marked a new era in defense of human rights, but the larger question of transnational norms development I n t r o d u c t i o n 3 and transsovereign law enforcement still remain unanswered. Several issues typify practical and normative diffi culties facing states, including sovereignty, military and humanitarian intervention, globalization, universal jurisdiction (national courts can prosecute serious human rights violations committed anywhere in the world), and international justice. It is in this context that we turn to the Middle East as a region that has been resistant to the enforcement of universal standards of human rights. It is imperative to explore the possi- bilities for compatibility—or their absence—between universal human rights norms and the tremendous diversity of cultural traditions, local and national identities, as well as socioeconomic and political conditions. Without taking into account the entire array of factors contributing to human
rights viola- tions or improvements, it is not possible to identify variables and policies that affect human rights practices in the region. The Middle Eastern region has no robust regional regime for real human rights protections, whereas some other regions, such as Latin America and Europe, do. This book represents a joint effort by many scholars from different disciplines (history, political science, international law, religious studies, psychiatry and health sciences, and international relations) and various parts of the world (Australia, Egypt, Iran, Turkey, Palestine, England, and the United States) to explore the contemporary roots of human rights violations in the Middle East. The volume’s main focus is to pro- vide a systematic analysis of looking beyond the abuses of human rights in the Middle East with a view toward (1) problematizing traditional doctrinal thinking and concepts in the region; (2) ascertaining histori- cal roots of human rights abuses in the Middle East, and (3) developing strategies for improving human rights conditions of the vast majority of people more generally and those of minorities and marginal communities more particularly. To constructively address and deal with human rights conditions, we will fi rst attempt a thematic analysis to frame
the debate by measuring and mapping out the nature of human rights and dignity. Here we will turn to the issues of group rights and localism that give meaning and value to human existence, diversity of perspectives, limits to the defamation of religion, and ways to reconcile Islam and the global normative consensus on human rights. Our analysis will also examine the diffi culties as well as challenges one encounters in pri vileging Islam as either the savior of human rights or the main source of its violations. In the second section, our focus will then shift to comparative his- torical studies to demonstrate the underlying human rights abuses in the region. In this section, we set out to examine the Kurdish question, sexual orientation and gender identity, the case study of Iran in the post- revolutionary period, and the extent to which women’s rights have been incorporated into the programs of political parties in Turkey. These studies will scrutinize the status and acceptance of human rights condi- tions in the region. More broadly, this section attempts to illustrate that 4 M a h m o o d M o n s h i p o u r i
Islam per se does not determine developments; that w omen’s rights and political rights, inter alia, depend on more than just a nation’s dominant religion; and that it does make a difference that Turkey is offi cially secular even with an Islamic party in power. This volume’s fi nal section identifi es strategies of promoting human rights through nongovernmental organizations (NGOs) and mechanisms to include minorities—both economically and politically—in national affairs. Also in this section, we argue that in the post-9/11 era, some Islamic movements have distanced themselves from condemning human rights and repositioned themselves toward embracing important parts of the internationally recognized human rights. Such a shift has enhanced the internal logical consistency and legitimacy of the human rights notion throughout the region. Human rights NGOs will need to work with states and civil society not only on whether their goals are desirable but chiefl y on whether they are feasible and sustainable in the long run. To do so, it is necessary to engage Islamic networks, scholars, and activists, who—through study of and interaction with society—have gained a bet- ter understanding of local conditions, that is, the socioeconomic
status of women, children, and the elderly. This cooperation toward achieving common goals is the key to fi nding the most effective strategies to obtain a wider acceptance of human rights standards in the region. To this end, both Islam, as a religion, and Islamic law (Shari’a), as a legal system, can be positively employed for the promotion of human rights in the Middle East. Thus a pragmatic version of Islam can affect developments if it is carefully related or adjusted to the facts of the region. The fi ndings and implications resulting from this volume will have theoretical as well as policy application. We hope to demonstrate the rele- vance of area studies to the study of contemporary international affairs. The similarities, differences, and interactions between Middle Eastern countries and the West must be fully explored to prevent potential con- fl icts in the future. Still, this volume, which grew out of a conference on the Middle East and Islamic Studies, held on the campus of San Francisco State University, October 16–17, 2009, intends to analyze the global parameters of human rights by illustrating ways in which the protections against violence, torture, and discrimination, extrajudicial killings, as well as freedom from hunger in the region—and for
that mat- ter, the rest of the world—must be upheld in the name of human dignity, welfare, security, and social justice. Human Rights in the Middle East: An Overview The spread of democratic values and fundamental freedoms across the globe in the past quarter century has turned the attention of experts I n t r o d u c t i o n 5 to the Muslim world’s internal struggles in achieving universal human rights standards. Whether impediments to observing modern notions of human rights in the Muslim world are inherent to Islam or linked to the social, structural, and cultural factors is an issue that has sparked intense debate over the nature of democratic change in these societies. More broadly, the struggle for human rights has revived an old rivalry within the Muslim world between secular rationalists and Islamists. In today’s globalizing world, religious heterogeneity, emerging norms, and multiple loyalties have become so intricately entangled that it makes eminent sense, therefore, to talk about values and religious
pluralism. Can embracing religious pluralism provide the best hope for effective adjustment to global change and the information age? Is value pluralism a necessary condition for making progress toward achieving social justice in the international community? What role does the human rights discourse play in nudging along the debate between Western and non- Western worlds, and who should be held to account for the persistence of human rights abuses in the Middle East? These are critical and complex issues that should be addressed. In Iran, Barbara Ann Rieffer- Flanagan points out, there is some basis for hope in the future: There is limited progress on second generation rights (socioeconomic and cultural rights) and the political elites are increasingly using the language of international human rights. A prag- matic Islam that seeks a dynamic interpretation of Islamic law (Shari’a) can be an effective alternative to the sacred and textual rigidity of ortho- dox Islam. On balance, human rights prospects in the Middle East are uncertain if not entirely bleak. But beyond the Middle East, experiences of Muslims in Turkey, Indonesia, and India have been positively linked to human rights and democracy at least in certain periods.
Deciding between competing narratives regarding the relationship— or even the conversation—between religion and human rights has not been an easy affair. This can also be comparatively demonstrated, by examining the role of Catholicism and human rights both in the Western world and Latin America, Hinduism and human rights in India, Con- fucianism and Buddhism and human rights in East Asia—to cite a few examples. It is worth noting that some ostensibly Christian nations have produced admirable records of human rights and democracy, while oth- ers have produced fascism and other forms of totalitarianism. The same nation with the same religious heritage has sometimes produced both. Put very simply, the linkage between religion and human rights needs further nuanced and subtle analysis. The Catholic Church has faced a myriad of criticisms regarding its complicity in corrupt regimes, gender bias in the nonordination of women and the regulation of reproductive freedom, unfair treatment of its own employees and members, and, perhaps most crucial ly, the
6 M a h m o o d M o n s h i p o u r i exploitation of dependent and unemancipated persons receiving its ser- vices.1 Over time, however, the infl uence of the Church’s basic theologi- cal message and legal forms and policies has arguably helped account for the realization of human rights as a feature of Western legal institutions. The key point to note is that the richness and complexity of Catholicism’s role in advancing human rights point to both successes and failures.2 The Vatican has both identifi ed with some human rights and also endorsed those violating rights, depending on which rights, eras, and issues one is addressing. One Pope was all for democracy in Poland, and another helped cover up child abuse in Ireland and elsewhere. Similarly, it is important to understand the ways in which Hindu traditions both strengthen and weaken the struggle for human rights in South Asia today. Opposition to caste discrimination in the Hindu world has a long history. Yet many Indians tend to attribute the persisting dis- crimination against untouchables (Dalits) to Hinduism. As it is the case in Christianity, Islam, and Judaism, Hinduism has always contained both conservative and reformist, even radical variants.3 In contemporary India, as Jack Donnelly notes, “Hinduism functions as both a support
for and an impediment to the exercise and enjoyment of internationally recog- nized human rights.”4 The universalist elements of Hinduism— a single dharma governing an integrated, divinely infused reality and regulating a universal struggle toward liberation—have provided in both principle and practice an impetus toward shoring up local support for fundamental human rights.5 Some experts on Islamic law have shown the compet- ing trends in Islamic interpretation, similar to varieties of thought in Christianity, Southern Baptist and Congregationalist interpretations of Christianity.6 Likewise, Confucian tradition, with its strong communitarian strands and frameworks, has become a topic of much discussion in recent years. Many observers have argued that Confucianism can be properly inter- preted to become compatible with modern human rights with respect to their content, if not legal regulation. Even though Confucianism has historically been based on a hierarchical foundation, especially in the con- text of patriarchal social and cultural traditions, classical Confucians took the view that all people have the capacity to become fl ourishing moral persons in the community, if not exemplary sages.7 Like all
traditions, Confucianism has been open to change and development in response to both internal social problems and external pressures. Currently, there exists a strong movement of New Confucians who tend to progres- sively reinterpret the tradition in robust engagement with the West.8 As a dynamic tradition, Confucianism can be reinterpreted to provide a minimum of social guarantees for human rights in the form of support- ive public policies and political reforms, including constitutionalism and democracy. Contemporary Japan and South Korea provide particularly I n t r o d u c t i o n 7 apt examples for adjusting Confucian- infl uenced societies to modern human rights standards.9 Isl am and Human Rights While focusing largely on the Muslim world, this book has examined both internal and external factors infl uencing the state and progress of human rights in the Middle East. The central theme underlying this volume’s arguments is that religious factors seem extraneous to an understanding
of human rights issues in the Muslim world. All religions have developed in patriarchal settings: They are largely expressed in patriarchal terms, and they are heavily infl uenced by patriarchal values. It is therefore wrong to examine the ambiguities and contradictions in Islamic sacred texts, instead of addressing social and structural causes of economic and political decay. The contributions by Manochehr Dorraj, Turan Kayaoglu, and Halim Rene have demonstrated that renewed emphasis on the relationship between religion and human rights has increasingly become an essential element of law, politics, and society in contemporary Muslim world. By way of contrast, the chapter by Lawrence Davidson has noted that, histori- cally, all rights have local origins and have been shaped by local cultural traditions. Others, such as Anthony Chase, have argued that sexual and gender rights continue to challenge traditionally narrow notions of what constitutes a protected status against discrimination. Chase underscores the point that respect for rights based on a singular identity risks forgoing the emergence of fl uid, multiple, and evolving identities of Muslims. Although the issue of how to implement human rights remains unre- solved, the gap between the Muslim and Western worlds over
the issue of what constitutes human rights has been narrowed. The dispute between the two worlds over human rights is not a confl ict in dialectics but one of perspective. In the post-9/11 era, Islamists and secular human rights forces have inherited overlapping priorities in areas such as the use of security prisons and courts, electoral rights, and freedom of expression, leading the way for bridging the religious- secular divide that had vexingly beleaguered human rights conditions in the Middle East. Over the centuries, Muslim countries have been subject to political machinations and manipulation by great powers, driven both by rivalry and collusion. In the Middle East, for example, the Western world has gained more access to the region’s oil resources by working with dictators rather than democratic regimes accountable to their people. The U.S. strategic ties with the governments of Egypt, Saudi Arabia, Turkey, and Pakistan have always been based on purely instrumental grounds, refl ect- ing geopolitical impulses. The persistence of geopolitical concerns, especially in the aftermath of the U.S. occupation of Iraq, has rendered
8 M a h m o o d M o n s h i p o u r i the work of human rights groups and organizations immensely diffi cult in countries such as Egypt. Security considerations have dramatically narrowed the space for human rights claims and activities in the name of the global campaign dubbed the “war on terror.” The chapter by Monshipouri and Mokhtari demonstrates the fl aws of the so- called war on terror strategy undertaken by the Bush administration. Beyond the exigencies of “humanitarian intervention,” and “the responsibility to protect,” they point out, moral and ethical justifi cations for military intervention under the rubric of security, stability, and nation- building have fallen by the wayside. It may very well be the case that investing in nation- building and peace- building is an effective way to combat terrorism, but postconfl ict societies encounter a bewildering array of socioeconomic and political diffi culties for which the military occupation cannot provide reliable panacea, and in fact may be the overt cause of many of these issues. Exploring the root causes of human rights abuses in the Middle East and North Africa, Bahey eldin Hassan argues, the dominant role of the
executive branch—and the security apparatuses at the heart of it—has led to a chronic failure to build a nation of rights and law s. Institutions and mechanisms that are meant to protect the individual and society from autocracy are used to legitimize and institutionalize a systematic assault on the liberties and rights of the individual and society, all the while methodically weakening civil society, which was created in some countries such as Egypt, Syria, and Iraq during the periods of relative liberalism in the fi rst half of the twentieth century. In these countries, the constitution, legislative process, courts, parliament, and religious establishments have often been used as means of conferring legitimacy on methodical assaults on the rights of individuals and society. The 2011 uprisings in Tunisia, Egypt, Libya, Yemen, and the rest of the Middle East and North Africa illustrate the fact that the spread of modernity and modernizing forces in a society is indeed a key contrib- uting factor to the implementation of reform. These forces are likely to push a country toward a gradual democratic transition, a possibility that, as Hassan notes, seems more likely in Tunisia than Egypt given that Tunisia is the most modernized and urbanized country in the region.
In Egypt, by contrast, modern forces are weak. The military establishment has been the main prop of the regime since 1952 and has vested interest in maintaining certain power relations and institutional arrangements. The Internal Forces of Change Three groups have lately been the subjects of an intense human rights debate in …

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Minority Rights in the Middle East

  • 1. MINORITY RIGHTS IN THE MIDDLE EAST This page intentionally left blank Minority Rights in the Middle East JOSHUA CASTELLINO and KATHLEEN A. CAVANAUGH 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered
  • 2. trade mark of Oxford University Press in the UK and in certain other countries © Joshua Castellino and Kathleen A. Cavanaugh, 2013 Th e moral rights of the authors have been asserted First Edition published in 2013 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland
  • 3. British Library Cataloguing in Publication Data Data available ISBN 978–0–19–967949–2 Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. 1 In Memory of Lian Abu Hussein ‫ذل‬ ‫رك‬ ‫ى‬ ‫ل‬ ‫اي‬ ‫ن‬ ‫أ‬ ‫وب‬ ‫سح‬ ‫ي‬ ‫ن‬ This page intentionally left blank Table of Contents Table of Case Law ix Table of Legislation x United Nations Documents xii Table of International Organizations’ Documents xvi Introduction 1
  • 4. 1 Th e Contemporary Middle East 9 Introduction 9 1 Th e Territorial Ambit 11 2 Th e Crucial Peace and Security Questions 14 3 Islam, the Middle East and Human Rights Law 29 4 Constructing Minorities 47 5 Approach to Human Rights by Middle Eastern States 54 Conclusion 78 2 Minority Identities in the Middle East: Religious Minorities 79 Introduction 79 1 Non-Muslim Religious Minorities 82 2 Islamic Minorities 127 Conclusion 140 3 Minority Identities in the Middle East: Ethno-national and Other Minorities 141 Introduction 141 1 Trapped Minorities 142 2 Ethnic/National Minorities 165 3 Political Minorities 176 4 Majoritarian Minorities 179 Conclusion 181 4 Minority Rights in Iraq 182 Introduction 182 1 History 186 viii Table of Contents 2 Identifi cation of Minorities 203 3 Rights of Minorities 221
  • 5. 4 Remedies 240 Conclusion 251 5 Minority Rights in Syria 255 Introduction 255 1 History 264 2 Identifi cation of Minorities 288 3 Rights of Minorities 300 4 Remedies 326 Conclusion 332 6 Minority Rights in Lebanon 334 Introduction 334 1 Th e Unwanted Past 338 2 Identifi cation of Minorities 345 3 Rights of Minorities 350 4 Remedies 362 Conclusion 374 Conclusion 376 Bibliography 383 Index 417 Table of Case Law Alhaji lla Alkamawa v Alhaji Hassan Bello and Alhaji Malami Yaro [1998] 6 SCNJ 127 . . . . . . . 243 MK Barakeh v. Tel Aviv Magistrate Court et. Al. , HCJ case 5754/10 [petition withdrawn June 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Zoabi v. Th e Knesset , HCJ case 8148/10 [case pending,
  • 6. order to show cause issued] . . . . . . . . . 147 Ka’adan v. the Israel Land Administration , HCJ case 6698/95 [PD 54(1) 258 (2000)] . . . . . . . . 149 Adalah, et. al. v. Th e National Council for Planning and Building, et. Al. , HCJ case 2817/06 [June 15, 2010] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 MK Zahava Galonv v. Th e Attorney General, et. al. , HCJ case 466/07 [petition dismissed January 11, 2012] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Adalah and others v. Th e Minister of the Interior , HCJ cases 7052/03, 7102/03 [May 14, 2006] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Table of Legislation Arab Charter for Human Rights 1994 Arab Republic of Egypt, Constitution 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122–3 Arab Republic of Egypt, Decree No. 12025 of the Year 2004 Concerning Certain Provisions Enforcing Law No. 154 of the Year 2004 on Amendment of Certain Provisions of Law No. 26 of the Year 1975 Concerning the Egyptian Nationality July 25, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
  • 7. Arab Republic of Egypt, Decree No. 1231 of the Minister of the Interior May 2011 . . . . . . . . 158 Assyrian National Pact 1932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Camp David Accords September 17, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 23, 25, 150, 158 Charter of the Organisation of the Islamic Conference 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Covenant of the League of Nations 1919 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Darfur Peace Agreement 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Declaration of Agreement for Federal Union of the United Arab Republic, Syria and Iraq April 17, 1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Declaration of Principles on Interim Self-Government Arrangements for Palestinians (Oslo I) September 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26–7 Declaration of the Establishment of the State of Israel May 14, 1948 . . . . . . . . . . . . . . . . . . . . . 21 Egyptian-Israeli General Armistice Agreement February 24, 1949 . . . . . . . . . . . . . . . . . . . . . . . 21 Egypt-Israel Peace Treaty (Heskem HaShalom Bein Yisrael LeMitzrayim ) March 26, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 23, 26, 158 Hashemite Kingdom of Jordan, Constitution 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112–13 Islamic Council of Europe, Universal Islamic Declaration of Human
  • 8. Rights September 19, 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 74–5 Islamic Republic of Iran, Constitution 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102, 128, 137 Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission (No. 3471) May 14, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 League of Arab States, Arab Charter on Human Rights May 22, 2004 . . . . . . . . . . . . . . . . 4, 74–5 Lebanese-Israeli General Armistice Agreement March 23, 1949 . . . . . . . . . . . . . . . . . . . . . . . . . 21 Pact of the League of Arab States 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Republic of Lebanon, Constitution 1926, amended 1990 . . . . . . . . . . . . . . . . . . 346, 350–9, 365 Republic of Lebanon, Parliamentary Election Law (Law No. 25) October 8, 2008 . . . . . . 359, 370 Revised Arab Charter on Human Rights May 22, 2004, entered into force March 15, 2008 . . . 75 Syrian Arab Republic, Code of Personal Status For Catholic Communities in Syria, (Law No. 31) 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Syrian Arab Republic, Constitution 1973, amended 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111, 302, 308, 310, 311–14, 316, 320, 322, 324 Syrian Arab Republic, Labour Code (Law No. 279) June 1, 1946 . . . . . . . . . . . . . . . . . . . . 324–5 Syrian Arab Republic, Law of Local Government (Legislative Decree No.
  • 9. 15) May 11, 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319–20 Syrian Arab Republic, Law of Personal Status 1953, amended 1975 . . . . . . . . . . . . . . . . . . . . . . 92 Syrian Arab Republic, Legislative Decree No. 26 April 14, 1973 . . . . . . . . . . . . . . . . . . . . . . . 317 Syrian Arab Republic, Legislative Decree No. 49 April 7, 2011 . . . . . . . . . . . . . . . . . . . . . . . . 263 Th e Balfour Declaration, November 2, 1917 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18–19, 280 Th e Beirut Declaration on the Regional Protection of Human Rights 2003 . . . . . . . . . . . 74–5, 77 xiTable of Legislation Th e Cairo Declaration 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 74–5 Th e Lebanese Republic, Law of 16 July 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Th e Palestinian-Israeli Agreement on Security Arrangements in Hebron and the Renewal of the Negotiation, March 31, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e Palestinian-Israeli Declaration of Principles on Interim Self-Government Authority 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e Paris Protocol April 29, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Th e People’s Democratic Republic of Algeria, Constitution 1963, amended 1996 . . . . . . . . . 92–3 Th e Republic of Iraq, Constitution 2005 . . . . . . . . . . . . .
  • 10. 163, 186, 202, 221–240, 244, 249, 356 Th e Republic of Yemen, Constitution 1994, amended 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Th e State of Israel, 7 Laws of the State of Israel (LSI) 113 (5713-1952/53) . . . . . . . . . . . . . . . 146 Th e State of Israel, Land Acquisition Law 1953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Land Administration Law, Amendment No. 7 (5769–2009), the Book of Laws 2209 August 10, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Th e State of Israel, Lands Law, Amendment No. 3 (5771- 2011), the Book of Laws 2291 April 5, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Law to Amend the Cooperative Societies Ordinance (No. 8) 5771-2011 March 30, 2011, the Book of Laws 2286 . . . . . . . . . . . . . . . . . . . . . . 148–9 Th e State of Israel, Law to Amend the Land (Acquisition for Public Purposes) Ordinance, No. 3 (5770-2010), the Book of Laws 2228 February 15, 2010 . . . . . . . . . . . . . 147 Th e State of Israel, Th e Absentees’ Property Law 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e State of Israel, Th e Nationality and Entry into Israel Law (Amendment) July 27, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Nationality and Entry into Israel Law (Amendment)
  • 11. March 21, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Nationality and Entry into Israel Law July 31, 2003 . . . . . . . . . . . . . . 145 Th e State of Israel, Th e Negev Development Authority Law, Amendment No. 4 (5770-2010), the Book of Laws 2250 July 22, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Th e Treaty of Lausanne 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282, 318 Treaty Alliance between Britain and Iraq October 10, 1922, FO 371/14515 E125/125/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190–1 Treaty of Peace between the Hashemite Kingdom of Jordan and the State of Israel (Wadi ‘Araba) October 26, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 United Nations Documents General Assembly Res. 181(II), ‘Future Government of Palestine’, UN Doc. A/Res/181/A-B, November 29, 1947 (29 Nov. 1947) . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 152 General Assembly Res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 49, UN Doc. A/6316 (1966), 993 UNTS 3, entered into force
  • 12. January 3, 1976 . . . . . . . . . . . . . 55 General Assembly Res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966), 999 UNTS 171, entered into force March 23, 1976 . . . . . . . . . 55–6 General Assembly Res. 34/180, 34 UN GAOR Supp. (No. 46) at 193, UN Doc. A/34/46, entered into force September 3, 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 39/46, annex, 39 UN GAOR Supp. (No. 51) at 197, UN Doc. A/39/51 (1984), entered into force June 26, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 44/25, annex, 44 UN GAOR Supp. (No. 49) at 167, UN Doc. A/44/49 (1989), entered into force September 2, 1990 . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 44/128, annex, 44 UN GAOR Supp. (No. 49) at 207, UN Doc. A/44/49 (1989), entered into force July 11, 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 57 General Assembly Res. 54/4, annex, 54 UN GAOR Supp. (No. 49) at 5, UN Doc. A/54/49 (Vol. I) (2000), entered into force December 22, 2000 . . . . . . . . . . . . . . . 56 General Assembly Res. 54/263, Annex II, 54 UN GAOR Supp. (No. 49) at 6, UN Doc. A/54/49, Vol. III (2000), entered into force January 18, 2002 . . . . . . . . . . . . . . . . 57
  • 13. General Assembly Res. 54/263, Annex I, 54 UN GAOR Supp. (No. 49) at 7, UN Doc. A/54/49, Vol. III (2000), entered into force February 12, 2002 . . . . . . . . . . . . . . . 57 General Assembly Res. 45/158, annex, 45 UN GAOR Supp. (No. 49A) at 262, UN Doc. A/45/49 (1990), entered into force July 1, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 General Assembly Res. 60/251, UN Doc. A/RES/60/251, entered into force April 3, 2006 . . . . 73 General Assembly Res. 57/199, UN Doc. A/RES/57/199, entered into force June 22, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 General Assembly Res. 61/106, Annex I, UN GAOR, 61st Sess., Supp. No. 49, at 65, UN Doc. A/61/49 (2006), entered into force May 3, 2008 . . . . . . . . . . . . . . . . . . . . . 56 General Assembly Res. 63/117, UN Doc. A/RES/63/177 (2008), opened for signature September 24, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 General Assembly Res. 61/177, UN Doc. A/RES/61/177 (2006), entered into force December 23, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Secretary General Report UN Doc. S/12611, March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 242, S/RES/242 (1967), November 22,
  • 14. 1967 . . . . . . . . . . . . . . . . . . . . . 26 Security Council Res. 425, S/RES/425 (1978), March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 426, S/RES426 (1978), March 19, 1978 . . . . . . . . . . . . . . . . . . . . . . . . . 23 Security Council Res. 509, S/RES/509 (1982), June 6, 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/1999/48, November 11–14, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/2004/43/Add.1, October 2–5, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Independent Expert on Human Rights and Extreme Poverty, Report E/CN.4/2004/43, November 18–20, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/1999/103, November 11, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 xiiiUnited Nations Documents Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2000/110, January 26, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
  • 15. Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2002/119, January 14, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2004/103, November 30, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report E/CN.4/2005/117, March 11, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report A/HRC/2/CRP.2, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Independent Expert on the Situation of Human Rights in Somalia, Report A/HRC/7/26, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2002/95/Add.1, February 5, 2002 . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2003/86/Add.1, November 27, 2002 . . . . . . . . . . . . . 72
  • 16. Representative of the Secretary General on Internally Displaced Persons, Mission to the Sudan, Report E/CN.4/2005/8, July 24–31, 2004 . . . . . . . . . . . . . . . . . . . . . 72 Representative of the Secretary General on Internally Displaced Persons, Mission to Southern Sudan, Report E/CN.4/2006/71/Add.6, February 13, 2006 . . . . . . . . . 72 Special Representative of the Secretary General on the Situation of Human Rights Defenders, Mission to Israel and the Occupied Palestinian Territories, Report E/CN.4/2006/95/Add.3, October 4–11, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71–2 Special Rapporteur on the Right to Education, Mission to Morocco, Report A/HRC/4/29/Add.2, February 7, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Special Rapporteur on Adequate Housing as a Component of the Right of an Adequate Standard of Living, Visit to the Occupied Palestinian Territories, Report E/CN.4/2003/5/Add.1, January 5–10, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Adequate Housing as a Component of the Right of an Adequate Standard of Living, Mission to Afghanistan, Report E/CN.4/2004/48/Add.2, September 1–12, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Adequate Housing as a Component of
  • 17. the Right of an Adequate Standard of Living, Mission to Iran, E/CN.4/2006/41/Add.2, July 19–30, 2005 . . . . . . . . . . 72 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mission to Afghanistan, Report E/CN.4/2003/3/Add.4, October 13–23, 2002 . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Mission to the Sudan, Report E/CN.4/2005/7/Add.2, June 2–12, 2004 . . . . . . . . . . . . . . . . 72 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mission to Afghanistan, Report A/HRC/8/3/Add.6, May 5–15, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Freedom of Religion or Belief, Mission to Algeria, Report E/ CN.4/2003/66/Add.1, September 16–26, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71, 92 Special Rapporteur on Freedom of Religion or Belief, Mission to Israel, Report A/HRC/10/8/Add.2, January 20–27, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Human Rights and Counter Terrorism, Mission to Israel, Report A/HRC/6/17/Add.4 [and A/HRC/6/17/Add.4/Corr.1], July 3–10, 2007 . . . . . . . . 71–2 Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
  • 18. Xenophobia and Related Intolerance, Mission to Kuwait, Report E/CN.4/1997/71/Add.2, November 17–27, 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Mauritania Report A/HRC/7/19/Add.6, January 20–24, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 xiv United Nations Documents Special Rapporteur on the Human Rights of Migrants, Mission to Iran, Report E/CN.4/2005/85/Add.2, February 22–29, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Right to Food (3–12/07/2003), Mission to the Occupied Palestinian Territories, Report E/CN.4/2004/10/Add.2, July 3–12, 2003 . . . . . . . . 72 Special Rapporteur on the Right to Freedom of Opinion and Expression, Mission to the Sudan Report E/CN.4/2000/63/Add.1, September 20–26, 1999 . . . . . . . . . . 72 Special Rapporteur on the Right to Freedom of Opinion and Expression, Mission to Iran, Report E/CN.4/2004/62/Add.2, November 3– 11, 2003 . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in Iraq,
  • 19. Report E/CN.4/2001/42, November 5–9, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in Iraq, February 11–15, 2002 . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories since 1967, Report A/HRC/10/20, February 11, 2009 . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/1998/66, January 1, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/1999/38/Add.1, May 17, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2000/36, April 19, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2002/46, January 23, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2003/42, January 6, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
  • 20. Special Rapporteur on the Situation of Human Rights in the Sudan, Report E/CN.4/2006/111, January 11, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report A/61/469, September 20, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on the Situation of Human Rights in the Sudan, Report A/HRC/7/22, March 3, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Special Rapporteur on Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, Report A/HRC/4/33/Add.3, June 25– 29, 2006 . . . . . . . . . . . . . . 71 Special Rapporteur on Traffi cking in Persons, especially Women and Children, Mission to Lebanon, Report E/CN.4/2006/62/Add.3, September 7–16 , 2005 . . . . . . . . . . . 73 Special Rapporteur on Traffi cking in Persons, especially Women and Children, Mission to Bahrain, Qatar and Oman, Report A/HRC/4/23/Add.2, November 17, 2006 . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Pakistan and Afghanistan, Report E/CN.4/2000/68/Add.4, September 1–13, 1999 . . . . . 71 Special Rapporteur on Violence against Women, its Causes
  • 21. and Consequences, Mission to the Occupied Palestinian Territories, E/CN.4/2005/72/Add.4, June 13–18, 2004 . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to the Sudan, Report E/CN.4/2005/72/Add.5, September 28 to October 2, 2004 . . . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Iran, Report E/CN.4/2006/61/Add.3, January 29 to February 6, 2005 . . . . . . . . . . . . . . . 72 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Afghanistan, Report E/CN.4/2006/61/Add.5, July 9–16, 2005 . . . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Violence against Women, its Causes and Consequences, Mission to Algeria, Report A/HRC/7/6/Add.2, January 21 to February 1, 2007 . . . . . . . . . . . . . . . . . 71 Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health; Representative to the Secretary General on Human Rights of Internally Displaced Persons and Special Rapporteur on
  • 22. United Nations Documents xv Adequate Housing as a Component of the Right of an Adequate Standard of Living, Joint visit to Lebanon and Israel, Report A/HRC/2/7, September 10–13, 2006 . . . . . . . . . . . . . . . . . . . 71 Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Mission to Syria, UN.Doc. A/HRC/17/25/Add.3, March 21, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 Working Group on Arbitrary Detention, Mission to Iran, Report E/CN.4/2004/3/Add.2/Corr.1, February 15–27, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Working Group on Enforced or Involuntary Disappearances, Mission to Yemen, Report E/CN.4/1999/62/Add.1/Corr.1, August 17–21, 1998 . . . . . . . . . . . . . . . . . . 73 Working Group on the Use of Mercenaries, Mission to Afghanistan, Report A/HRC/15/25/Add.2, April 4–11, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 UN Commission on Human Rights, Report on the situation of human rights in Iraq, March 15 , 2002, E/CN.4/2002/44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 UN High Commissioner for Refugees, Background Information on the
  • 23. Situation of Non-Muslim Religious Minorities in Iraq, October 1, 2005 . . . . . . . 204, 210, 217 UN High Commissioner for Refugees, ‘Surviving in the city: A review of UNHCR’s operation for Iraqi refugees in … 1 Routledge Handbook on Human Rights and the Middle East and North Africa Uprisings’ have exploded notions that human rights are irrelevant to Middle Eastern and North African politics. Increasingly seen as a global concern, human rights are at the fulcrum of the region’s on- the-ground politics, transnational intellectual debates, and global political intersections.
  • 24. and North Africa: emphasises the need to consider human rights in all their dimensions, rather than solely focusing on the political dimension, in order to understand the structural reasons behind the persistence of human rights violations; onsider human rights—conceptual, political and transnational/international; discusses issue areas subject to particularly intense debate— gender, religion, sexuality, transitions and accountability; contains contributions from perspectives that span from global theory to grassroots reflections, emphasising the need for academic work on human rights to seriously engage with the thoughts and practices of those working on the ground. 2 expertise allows the book to capture the complex dynamics by
  • 25. human rights have had, or could have, an impact on Middle Eastern African politics and society, as well as anyone with a concern for Human Rights across the globe. Anthony Tirado Chase is a Professor in International Relations at Occidental College, USA. Professor Chase is a theoretician of human in the context of the Middle East. 3 Routledge Handbook on Human Rights and the Middle East and North Africa Edited by Anthony Tirado Chase 4
  • 26. First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 5 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 Anthony Tirado Chase editorial material, and of the authors for accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any nical, or other means, now including photocopying and recording, or in any information storage or retrieval system,
  • 27. without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Names: Chase, Anthony Tirado, editor. Title: Routledge handbook on human rights and the Middle East and North Africa / edited by Anthony Tirado Chase. Other titles: Handbook on human rights and the Middle East and North Africa Description: Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2017. | Includes bibliographical references and index. Identifiers: LCCN 2016021351 | ISBN 9781138807679 ISBN 9781315750972 (ebook) Subjects: LCSH: Human rights–Middle East. |
  • 28. Human rights–Africa, North. Classification: LCC JC599.M53 R68 2017 | DDC 323.0956– dc23 https://lccn.loc.gov/2016021351 6 ISBN: 978-1-13880767-9 (hbk) ISBN: 978-1-31575097-2 (ebk) Typeset in Bembo 7 Sanders for their invaluable help in editing this volume. 8 Dedication Dedicated to the sweet memory of Ruth Flora Tirado Chase. My
  • 29. mother passed on the sense that nothing is worth doing unless it is —and all that led to its creation—is saturated with that spirit. Death is not an end; the spirit lives on through the acts it continues to inspire. Front cover artist: Ganzeer Cover art: “Of course, Harara, 2014” Art description: A portrait of Ahmed Harara. Harara is an Egyptian activist who lost one eye to a bullet during the January 28, 2011 to Hosni Mubarak’s fall from power on February 11, 2011. Harara lost his other eye during anti-military protests near the Ministry of the one of many protestors to lose eyes to sniper fire. -repeated Egyptian
  • 30. Designed in Cairo, Egypt, 2013. 9 Contents Cover Title Copyright Dedication CONTENTS Editor biography List of contributors PART I Frameworks SECTION I Introduction and overview 1 Human rights and the Middle East and North Africa: indivisibility, social rights, Anthony Tirado Chase
  • 31. SECTION II A conceptual framework: political, economic, and cultural rights in the Middle East and North Africa 2 Political legitimacy, contingency, and rights in the Middle East and North Africa Hussein Banai 3 Economic rights in the Middle East and North Africa Zehra F. Kabasakal Arat kindle:embed:0006?mime=image/jpg 10 4 Cultural rights in the Middle East and North Africa: art, revolution, and repression Mark LeVine SECTION III A political framework: intersecting human rights and governance crises in the Middle East and North Africa
  • 32. 5 Genocide in the contemporary Middle East: a historical and comparative regional perspective Martin Shaw the Arab World: a framework for understanding Radical Islamism Nader Hashemi in Turkey: one step forward, two steps Turan Kayaoglu since the Green Movement Shadi Mokhtari and Neda Nazmi 9 Narrating law: Israel and the Occupied Territories Kathleen Cavanaugh
  • 33. of international humanitarian law Stephen Zunes SECTION IV A transnational and international framework: human rights beyond borders 11 11 Rival transnational advocacy networks and Middle East politics at the U.N. Human Rights Council Laura K. Landolt 12 Redefining rights: Organization of values in the U.N. human rights system Ann Mayer Mahmood Monshipouri
  • 34. 14 Rights, refugees, and the case of Syria: what do human rights offer? Kathleen Hamill PART II Issues SECTION V Gender and human rights in the Middle East and North Africa 15 Colliding rights and wrongs: intimate labor, health, human rights, and the state in the Gulf Pardis Mahdavi policy and human rights in Iran Homa Hoodfar 17 Women’s rights in the Middle East: constitutions and consequences Anicée Van Engeland 1 human rights
  • 35. Micheline Ishay 12 SECTION VI Religion and human rights in the Middle East and North Africa 19 Shari`ah and human rights Khaled Abou El Fadl 20 Islam, the principle of subjectivity, and individual human rights Barbara Ann Rieffer-Flanagan rejection, reconciliation, or reconceptualization? Marie Juul Petersen 22 Rhetoric versus reality: American foreign policy and religious freedom in the Middle East Barbara Ann Rieffer-Flanagan
  • 36. SECTION VII Transitions and accountability in the Middle East and North Africa 23 Core transitional justice debates in the Middle East and beyond Eric Wiebelhaus-Brahm 24 Courts as a tool in transitions: lessons from the special tribunal for Lebanon Chandra Lekha Sriram 25 Lessons on transitioning from authoritarianism: pitfalls and promise from Tunisia’s experience Rim El Gantri cultural rights in Morocco Osire Glacier 13 PART III Conclusions: global theory and grassroots
  • 37. reflections SECTION VIII Conclusions from a global viewpoint: theoretical justifications and contestations around human rights 27 International human rights at 70: has the Enlightenment project run aground? David P. Forsythe 28 On the local relevance of human rights Koen de Feyter 29 Israel/Palestine, human rights and domination Nicola Perugini and Neve Gordon Alison Brysk 31 Making human rights ‘universals’ from the ground up? Lisa S. Alfredson
  • 38. SECTION IX Conclusions from a grassroots viewpoint: reflections on dynamics around struggles for human rights in the Middle East and North Africa 32 Reflections on three decades of human rights work in the Arab region Fateh Azzam 33 Egypt 2011–15: how can a democratic revolution fail to improve human rights conditions? Amr Hamzawy 14 34 Reflections on human rights before and Bahey eldin Hassan 35 Human rights, law and politics: a reflection on human rights work in the
  • 39. Middle East and North Africa Lynn Welchman Index 15 Editor Biography Anthony Tirado Chase is a Professor in International Relations at Occidental College, USA. Professor Chase is a theoretician of human recent article is “Human Rights Contestations: Sexual Orientation and Gender Identity” in International Journal of Human Rights (April, 2016). His previous books are Human Rights, Revolution, and Reform in the Muslim World (2012) and Human Rights in the Arab World: Independent Voices (co-edited with Amr Hamzawy, 2006).
  • 40. 16 Contributors Dr. Khaled Abou El Fadl is the Omar and Azmeralda Alfi Distinguished Professor in Islamic Law at the University of fourteen books on various topics in Islam and Islamic law, including his most recent work Reasoning with God: Reclaiming Shari`ah in the Modern Lisa S. Alfredson is an Assistant Professor at the University of She is the author of the book, Creating Human Rights (University of Pennsylvania Press, 2008), as well as numerous policy reports for international human rights organizations. Zehra F. Kabasakal Arat is Professor of Political Science at the University of Connecticut. Exploring both theoretical and empirical
  • 41. questions of human rights, with an emphasis on women’s rights and their interpretation/application in Islamic and Turkish contexts, she published numerous books and articles on human rights and their relation to democracy, development and globalization. Fateh Azzam is the Director of the Asfari Institute for Civil Society and Citizenship, and Senior Policy Fellow at the Issam Fares Institute for Public Policy and International Relations, both at the American University in Beirut. He previously served as the Middle East Regional Representative of the U.N. High Commissioner for Human Rights, Director of Forced Migration and Refugee Studies at the 17 American University in Cairo, Human Rights Program Officer at the Ford Foundation in Lagos and Cairo, and Director of the
  • 42. Palestinian organization Al-Haq. He led the process of establishing the Arab Human Rights Fund. Hussein Banai is an Assistant Professor in the Department of Studies at Indiana University. Aliso University of California, Santa Barbara. She is the author and editor of ten volumes on international human rights. Kathleen Cavanaugh is socio- Lecturer in the Faculty of Law, Irish Centre for Human Rights, National University of Ireland, Galway. Koen De Feyter is Professor of International Law at the Group on Law and Development of the University of Antwerp, Belgium. Rim El Gantri is a transitional justice expert who is currently head
  • 43. of office at the International Center for Transitional Justice, Nepal. She led the ICTJ Tunisia program for about five years. Notable among her published writings is “Tunisia in Transition: One Year Truth and Dignity Commission.” Distinguished Professor of Political Science Emeritus, at the University of Nebraska-Lincoln. He taught various aspects of International Relations for forty-two years, with special human rights and humanitarian affairs. 18 International Studies at Bishop’s University. She is the author of Universal Rights, Systemic Violations and Cultural Relativism in Morocco (New York: Palgrave-Macmillan, 2013); and Political Women
  • 44. in Morocco, Then and Now (Trenton: Africa World Press, 2013). Neve Gordon is a Professor of Politics at Ben-Gurion University in Israel and is the author of Israel’s Occupation (California: University of California Press, 2008) and co-author of The Human Right to Dominate (New York: Oxford University Press, 2015). Kathleen Hamill is an independent human rights lawyer and for Health and of Professor. Amr Hamzawy is a Professor at both American University in Cairo, and Cairo University. Dr. Hamzawy is a former member of both the Egyptian People’s Assembly and the Egyptian National Council for Human Rights, as well as author of, A Margin for Democracy in
  • 45. Egypt – The Story of An Unsuccessful Transition (in Arabic), among other books. Nader Hashemi is an Associate Professor of Middle East and Islamic Politics and the Director of the Center for Middle East Studies at the Studies. Bahey eldin Hassan is the Director of the Cairo Institute for Human Rights Studies. He has authored and edited many books, and articles on human rights in the Arab region. Homa Hoodfar is Professor of Anthropology at Concordia 19 intersection of political economy, gender and development and women’s movements and electoral politics in the Middle East.
  • 46. University of Denver. She is the author and editor of numerous books, including Internationalism and Its Betrayal, The Nationalism Reader, The History of Human Rights: From Ancient Times to the Era of Globalization, and The Human Rights Reader. Turan Kayaoglu is a Professor of International Relations at the Washington, Tacoma. He is the Editor-in-Chief of Muslim World Journal of Human Rights. Laura K. Landolt is Associate Professor of Political Science at Oakland University. She examines relationships between state power and human rights advocacy. Mark LeVine is Professor of Modern Middle Eastern History at University of California, Irvine, and a Distinguished Visiting Professor at Lund University’s Center for Middle Eastern Studies. He
  • 47. University of Beirut to study the evolution of human rights discourses in the Arab world. Pardis Mahdavi, PhD, is Associate Professor at Pomona College and include rights, youth culture, transnational feminism and public health in ures. Ann Elizabeth Mayer is an Emeritus Associate Professor of Legal University 20 contemporary Middle East and North Africa and international Human Rights was published in 2012.
  • 48. focuses on the local and international politics of human rights in the Middle East. Francisco State University and University of California, Berkeley. He is editor, most recently, of Information Politics, Protests, and Human Rights in the Digital Age (New York: Cambridge University Press, 2016) and Inside the Islamic Republic: Social Change in Post- Khomeini Iran, (London: Hurst & Company, forthcoming). Neda Nazmi is an expert in Iranian politics and civil society development. She holds Masters degrees from American University and Allameh Tabataba`i University, and a BA in Political Science from Tehran University.
  • 49. Nicola Perugini is Mellon Postdoctoral Fellow at Brown University and co-author of The Human Right to Dominate (New York: Oxford University Press, 2015). Marie Juul Petersen is a sociologist of religion with a PhD from Copenhagen University. She works at the Danish Institute for Barbara Rieffer-Flanagan is a Professor of Political Science at on the intersection of religion, politics and human rights. 21 Martin Shaw is a sociologist of global politics, war and genocide. He Institut Barcelona d`Estudis Internacionals, Professorial Fellow in International Relations and Human Rights at the University of Roehampton, London, and Emeritus Professor of the University of Sussex.
  • 50. and peace Lebanon. She is Professor of International Law and International Relations and Director of the Centre on Human Rights in Conflict at the University of East London. Bassam Tibi, born in Damascus, was Professor of International Relations until his retirement in 2009 from the University of universities including Harvard, Princeton, Yale and the latest, Cornell University, where he acted as A. D. White Professor between 2006 and 2010. for Socio-Legal Studies and a Lecturer in law and religious studies at Cardiff University. e Middle East and North
  • 51. Africa at SOAS, University of London. Prior to becoming an academic she worked with non-governmental organizations (NGOs) in the Arab human rights movement, mostly in Palestine but also elsewhere in the Middle East and North Africa, an engagement she has sought to maintain since joining SOAS. Eric Wiebelhaus-Brahm is Assistant Professor of Political Science interests include transitional justice, human rights, post-conflict reconstruction, and democratization. 22 Stephen Zunes is a Professor of Politics and coordinator of Middle focus includes human rights, U.S. foreign policy, strategic nonviolent
  • 52. action, and Middle Eastern/North African politics. 23 Part I Frameworks 24 Section I Introduction and overview 25 1 Human Rights and the Middle East and North Africa Indivisibility, social rights, and structural Anthony Tirado Chase
  • 53. 26 Introduction In conceptualizing this Handbook, I have sought to highlight original to goal in doing so is simple: to capture in ways that cannot be done in human rights have had or could have an impact on MENA politics. intellectual conversations are high a popular uprisings inflected by human rights principles have been violently repressed everywhere from Iran, across the Arab world, and in Turkey. In their place, long dominant authoritarianisms are ms vary among secular, ethnic, and/or Islamist justifications, but share a common foundation in
  • 54. authoritarianisms show a resilience and ability to morph into progressively more brutal systems of power that leave many with the sense that there is no alternative. - colonial inheritance of despotic power structures, current realities of failed governance that have exacerbated divisions al ong many fault lines, and extra-regional forces that consistently reinforce anti- -interest.” Nonetheless, it is also worth remembering that human rights have long been part of informing subterranean articulations of alternatives to dominant forms of culture, economics, politics, and quite visibly— rebellion, and social resistance—during the popular uprisings that
  • 55. 27 swept the region from 2009 to 2013. But, now that the hope represented by those uprisings seems a distant memory, there has been a return by many in academic and policy-making circles to status quo thinking that assumes the MENA is solely defined by secular military rule or anti-pluralist Islamisms? Syrian-style “stability” or fiefdoms ruled by misleading ones. Lazily taking them as a frame effaces other possibilities, serving the purposes of elites invested in their perpetuation with devastating results for the region’s peoples, societies, and states, as well as the broader regional and global order. Most specific to this Handbook’s purposes, those frames have limited thought about even the possibility of alternatives to the
  • 56. have, nonetheless, persisted in many parts, nine sections, and thirty- in particular, have become interwoven with discourses that reject false - inflected discourses have sought, instead, to somehow make space in the MENA’s political, economic, cultural, and social structures for pluralisms of different sorts. I will conclude this introductory ter domain, with particular reference to sexual orientation and gender identity-related (SOGI) rights. I argue that connecting social resistances to human rights is not just important in isolation; it is connected to sustaining interconnected resistances in the cultural,
  • 57. economic, and political rights’ spheres. In that light, the goal in this Handbook of coming to terms with human rights’ potential impacts is ambitious, but more realisti c than make sense of how rights have been part of varieties of resistances against 28 dominant power structures—local, domestic, regional, and international—and, beyond that, what the variables are that will determine if they may do so more successfully in the future. 29 indivisibility, intersections, multidisciplinarity, and beyond rs
  • 58. who in diverse ways— other and, indeed, in disagreement with my own views—are at the edge in thought about what human rights are, how they can be the MENA condition whether human rights will or will not have an disciplines as well as regional and thematic expertise. Part I of the on, further situate the reader within frameworks for thinking about human rights in the MENA. Section II gives a conceptual framework inclusive of different categories of human rights—from social rights to political, economic, and cultural rights. Section III gives a political framework inclusive of key countries, sub-regions, and the U.S. as an omnipresent external hegemon. Section IV gives a transnational
  • 59. and international framework that makes clear the intersecting levels in global politics throu play out, and how powerful states increasingly contest human rights at all of these levels. Part II’s sections focus the reader on issue areas that have been subject to particularly intense debate. Section V explore rights’ relevance in the MENA. Section VI gives different points of view on the intersections of religion and human rights in the predominantly Muslim MENA. Section VII takes on transitions and accountability demands 30
  • 60. institutions. Part III contains two concluding sections that end the Handbook in a particularly distinctive manner. Section VIII’s Conclusions from a global viewpoint: theoretical justifications and contestations around human rights calls on human rights theoreticians with a global perspective to shed light on human rights in the MENA. MENA is not an insular region disconnected from global currents, including those in academic circles. To the contrary, academic conversations about human rights’ history, relation to the state, and their contradictory dynamics in many parts of the world can and should info these rights that see them as having progressively grown out of Enlightenment thought and post-WWII history. A top down
  • 61. diffusion of human rights from a singular foundation— philosophical or historical—is increasingly seen as less important to human rights’ rights have been malleable enough to be seized and repurposed as useful tools to grassroots struggles in many different contexts around the globe. conceptualization of Section IX’sConclusions from a grassroots viewpoint: reflections on dynamics around struggles for human -practitioners who reflect on their decades of work on human rights in the region. It is a key premise of this Handbook that academic work on human rights in the MENA should more seriously is
  • 62. general and, most egregiously, on human rights in the MENA. Lynn 31 with the observation that academics need to be open to being ‘surprised’ —that is to having their … H u m a n R i g h ts i n t h e M i d d l e E a s t This page intentionally left blank H u m a n R i g h ts i n t h e M i d d l e E a s t F r a m e w o r k s, G o a l s, a n d S t r at e g i e s E d i t e d b y M a h m o o d M o n s h i p o u r i
  • 63. HUMAN RIGHTS IN THE MIDDLE EAST Copyright © Mahmood Monshipouri, 2011. All rights reserved. First published in 2011 by PALGRAVE MACMILLAN® in the United States – a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Pub- lishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. Library of Congress Cataloging-in-Publication Data Human rights in the Middle East : frameworks, goals, and strategies / edited by Mahmood Monshipouri. p. cm. 1. Human rights—Middle East. 2. Human rights—Religious
  • 64. aspects—Islam. 3. Islam and politics—Middle East. I. Monshipouri, Mahmood, 1952– JC599.M53H85 2011 323.0956—dc23 2011020954 A catalogue record of the book is available from the British Library. Design by MPS Limited, A Macmillan Company First edition: December 2011 10 9 8 7 6 5 4 3 2 1 ISBN 978-1-349-29882-2 ISBN 978-1-137-00198-6 (eBook) DOI 10.1057/9781137001986 Softcover reprint of the hardcover 1st edition 2011 978-0-230- 12061-7 C o n t e n ts List of Tables vii Acknowledgments viii Introduction 1 Part I Introduction I: Problems with the Current Frameworks 23
  • 65. 1 Framing the Human Rights Discourse: The Role of Natural Localism and the Power of Paradigm 27 Lawrence Davidson 2 Islam and Human Rights: Ideals and Practices 41 Manochehr Dorraj 3 Human Rights through the Lens of Islamic Legal Thought 57 Halim Rane 4 Islamophobia, Defamation of Religions, and International Human Rights 73 Turan Kayaoğlu Part II Introduction II: Common Goals and Case Studies 91 5 Human Rights and the Kurdish Question in the Middle East 95 Nader Entessar 6 The Janus Nature of Human Rights in Iran: Understanding Progress and Setbacks on Human Rights Protections since the Revolution 111 Barbara Ann Rieffer-Flanagan 7 From Omission to Reluctant Recognition: Political Parties’ Approach to Women’s Rights in Turkey 129 Zehra F. Kabasakal Arat
  • 66. 8 Minorities and Marginalized Communities in the Middle East: The Case for Inclusion 153 Mahmood Monshipouri and Jonathon Whooley 9 Lessons from Movements for Rights Regarding Sexual Orientation in the Arab World 171 Anthony Tirado Chase Part III Introduction III: Strategies 189 10 A Prospect of Democratic Uprisings in the Arab World 193 Bahey eldin Hassan 11 Counterterrorism, Nation- building, and Human Rights in the Middle East: Complementary or Competing Interests? 211 Mahmood Monshipouri and Shadi Mokhtari 12 Migrant Workers and Their Rights in the United Arab Emirates 227 Mahmood Monshipouri and Ali Assareh 13 Health and Human Rights in Palestine: The Siege and Invasion of Gaza and the Role of the Boycott, Divestment and Sanctions Movement 245 Jess Ghannam
  • 67. List of Contributors 263 Index 267 vi C o n t e n t s Ta b l e s 4.1 Voting Patterns at the HRC and UNGA 78 7.1 The list of political parties and programs included in the study 132 8.1 Selected minority groups 155 12.1 Population of the United Arab Emirates 230 13.1 PHCR summary of deaths and injuries in Gaza during 23-day IOF offensive by province 250 A c k n ow l e d g m e n ts This volume, which grew out of a conference on the Middle East and Islamic Studies, held on the campus of San Francisco State University, October 16–17, 2009, intends to enhance the global parameters of human rights by illustrating ways in which the protections against violence, torture, and discrimination, extrajudicial killings, as well as freedom from hunger in the region—and for that matter, the rest of the
  • 68. world—must be upheld in the name of human dignity, welfare, security, and social justice. Of particular relevance to this project is the question of whether a commitment to the full range of human rights is even feasible given the cultural diversity, unequal economic circumstances, and socio- economic priorities of the expanding globalized world. It is equally important to ascertain the appropriateness and desirability of applying the international human rights framework in the Middle East. More- over, we hope the debates offered in this volume will shed light on the international human rights project originating from the Middle Eastern countries by helping to defi ne political and human rights dis- courses in a way that transcends traditional and conventional thinking. Thus, in addition to inquiries about how international human rights norms have shaped the consciousness and behavior of actors in the region, we are interested in exploring the ways in which Muslim actors themselves have potentially contributed to the promotion of interna- tional human rights norms. A culmination of many years of work on human rights in the Middle
  • 69. East and North Africa, this book represents a joint effort by many schol- ars from different disciplines—history, political science, international law, religious studies, public health, and international relations —and various parts of the world, including Australia, Egypt, Iran, Turkey, England, the Palestine, and the United States. I owe a debt of gratitude to all contributors to this volume who submitted several drafts of their proj- ects and endured through the lengthy process of review. Special thanks are also due to Jonathon Whooley and Ali Assareh whose assistance was an equally valuable part of completing this volume. Some of the most insightful remarks that we received were provided by anonymous external reviewers. We gratefully acknowledge their invaluable assistance and support at various stages of this book. Finally, we express our deep gratitude to the Middle East and Islamic Studies Center of the San Francisco State University that made it possible to bring about this human rights workshop. A c k n o w l e d g m e n t s ix
  • 70. 4I n t r o d u c t i o n M a h m o o d M o n s h i p o u r i There is unfortunately little prospect of eliminating all obstacles to protecting human rights in the twenty- fi rst century. Applying universal human rights standards across the globe is a diffi cult and daunting task. Many problems and challenges lie ahead. One of the most formidable tasks facing the international human rights community is to establish whether a commitment to the full range of human rights is even feasible given the cultural diversity, unequal economic circumstances, and socio- economic priorities of the expanding globalized world. A related focus of this volume will be on the extent to which the dynamics surrounding the human rights challenges in the Middle East conform to or diverge from such dynamics in other parts of the world. Since the protection of all human rights requires perfection regardless of region, two sensible ques- tions to ask regarding the Middle East are: (a) To what extent progress or improvement can realistically be made on the status quo? and (b) To what extent are the apparent or real features of such uniqueness a func- tion of contemporary manifestations of Orientalism and
  • 71. Islamophobia? Another line of inquiry we would like to pursue in this volume is to ascertain the appropriateness and desirability of applying the inter- national human rights framework in the Middle East. What does the international human rights framework offer Middle Eastern countries? In what ways does it foster local efforts to improve human rights in the Middle East and in what ways does its baggage of imperialism, neoimperi- alisms, power relations, and appropriations of human rights discourses by governments pursuing their own geopolitical interests damage such local and authentic efforts? This fi rst inquiry inherently leads to a second: Is an Islamic social, political, and legal framework compatible with the notion of human rights? In addressing these two main questions, we hope to take on 2 M a h m o o d M o n s h i p o u r i the task of examining the human rights project, proposing ways to apply universal norms across diverse nations and cultures in the region. Additionally, we hope the debates offered in this volume will highlight
  • 72. potential contributions to the international human rights project origi- nating from the Middle Eastern countries. Thus, in addition to inqui- ries about how international human rights norms have impacted the consciousness and behavior of actors in the region, we are interested in learning about how Muslim actors—scholars, activists, lawyers, journal- ists, cultural elite, and policymakers—have, and potentially can contribute to the development of international human rights norms. There is a good deal of discussion about the barriers of transcending the application of Western human rights standards. They may have been Western in origin, but they have been globally endorsed, which suggests that human rights norms responded to dangers to human dignity found in all states and regions. We need to engage such discussions in order to substantiate or disprove the reasoning and rationale underlying it all. Finally, given the state of contemporary international affairs, few discus- sions of human rights in the Middle East can transpire without at least some reference to the relationship between the Middle Eastern countries and the West, particularly the United States, its policies, geopolitical considerations, and human rights practices and discourses. We hope that contributors to
  • 73. this volume will help to illuminate the complexities of this relationship and the impact of its discourses and counterdiscourses on human rights, in a way that transcends traditional and conventional scholarship. There can be no doubt that the increasing global attention to legal matters and human rights has fostered the idea of holding states to higher moral and legal standards, causing more dissonance than consensus among states on matters of interpretation and enforcement. With some exceptions, states have nevertheless cooperated with the International Criminal Tribunals for Rwanda and the former Yugoslavia, both of which have issued powerful indictments against war criminals. The International Criminal Court (ICC) has come closer to becoming an operational insti- tution. This is evident by the way in which the ICC’s Prosecutor Luis Moreno Ocampo has pushed for the arrest of Sudanese President Omar Hassan al- Bashir, the most senior fi gure and the fi rst sitting head of state, charged and pursued by the court. There are new developments in crimi- nal justice and international criminal law. While many obstacles remain en route to protecting human rights globally, it is important to continue efforts aimed at doing so. Human rights continue to fi gure in high- level
  • 74. foreign policy, as in the 2011 US- China summit. Similarly, human rights continue to fi gure in many regional and national developments, as can be seen in Ivory Coast, Honduras, and other cases. These positive trends have marked a new era in defense of human rights, but the larger question of transnational norms development I n t r o d u c t i o n 3 and transsovereign law enforcement still remain unanswered. Several issues typify practical and normative diffi culties facing states, including sovereignty, military and humanitarian intervention, globalization, universal jurisdiction (national courts can prosecute serious human rights violations committed anywhere in the world), and international justice. It is in this context that we turn to the Middle East as a region that has been resistant to the enforcement of universal standards of human rights. It is imperative to explore the possi- bilities for compatibility—or their absence—between universal human rights norms and the tremendous diversity of cultural traditions, local and national identities, as well as socioeconomic and political conditions. Without taking into account the entire array of factors contributing to human
  • 75. rights viola- tions or improvements, it is not possible to identify variables and policies that affect human rights practices in the region. The Middle Eastern region has no robust regional regime for real human rights protections, whereas some other regions, such as Latin America and Europe, do. This book represents a joint effort by many scholars from different disciplines (history, political science, international law, religious studies, psychiatry and health sciences, and international relations) and various parts of the world (Australia, Egypt, Iran, Turkey, Palestine, England, and the United States) to explore the contemporary roots of human rights violations in the Middle East. The volume’s main focus is to pro- vide a systematic analysis of looking beyond the abuses of human rights in the Middle East with a view toward (1) problematizing traditional doctrinal thinking and concepts in the region; (2) ascertaining histori- cal roots of human rights abuses in the Middle East, and (3) developing strategies for improving human rights conditions of the vast majority of people more generally and those of minorities and marginal communities more particularly. To constructively address and deal with human rights conditions, we will fi rst attempt a thematic analysis to frame
  • 76. the debate by measuring and mapping out the nature of human rights and dignity. Here we will turn to the issues of group rights and localism that give meaning and value to human existence, diversity of perspectives, limits to the defamation of religion, and ways to reconcile Islam and the global normative consensus on human rights. Our analysis will also examine the diffi culties as well as challenges one encounters in pri vileging Islam as either the savior of human rights or the main source of its violations. In the second section, our focus will then shift to comparative his- torical studies to demonstrate the underlying human rights abuses in the region. In this section, we set out to examine the Kurdish question, sexual orientation and gender identity, the case study of Iran in the post- revolutionary period, and the extent to which women’s rights have been incorporated into the programs of political parties in Turkey. These studies will scrutinize the status and acceptance of human rights condi- tions in the region. More broadly, this section attempts to illustrate that 4 M a h m o o d M o n s h i p o u r i
  • 77. Islam per se does not determine developments; that w omen’s rights and political rights, inter alia, depend on more than just a nation’s dominant religion; and that it does make a difference that Turkey is offi cially secular even with an Islamic party in power. This volume’s fi nal section identifi es strategies of promoting human rights through nongovernmental organizations (NGOs) and mechanisms to include minorities—both economically and politically—in national affairs. Also in this section, we argue that in the post-9/11 era, some Islamic movements have distanced themselves from condemning human rights and repositioned themselves toward embracing important parts of the internationally recognized human rights. Such a shift has enhanced the internal logical consistency and legitimacy of the human rights notion throughout the region. Human rights NGOs will need to work with states and civil society not only on whether their goals are desirable but chiefl y on whether they are feasible and sustainable in the long run. To do so, it is necessary to engage Islamic networks, scholars, and activists, who—through study of and interaction with society—have gained a bet- ter understanding of local conditions, that is, the socioeconomic
  • 78. status of women, children, and the elderly. This cooperation toward achieving common goals is the key to fi nding the most effective strategies to obtain a wider acceptance of human rights standards in the region. To this end, both Islam, as a religion, and Islamic law (Shari’a), as a legal system, can be positively employed for the promotion of human rights in the Middle East. Thus a pragmatic version of Islam can affect developments if it is carefully related or adjusted to the facts of the region. The fi ndings and implications resulting from this volume will have theoretical as well as policy application. We hope to demonstrate the rele- vance of area studies to the study of contemporary international affairs. The similarities, differences, and interactions between Middle Eastern countries and the West must be fully explored to prevent potential con- fl icts in the future. Still, this volume, which grew out of a conference on the Middle East and Islamic Studies, held on the campus of San Francisco State University, October 16–17, 2009, intends to analyze the global parameters of human rights by illustrating ways in which the protections against violence, torture, and discrimination, extrajudicial killings, as well as freedom from hunger in the region—and for
  • 79. that mat- ter, the rest of the world—must be upheld in the name of human dignity, welfare, security, and social justice. Human Rights in the Middle East: An Overview The spread of democratic values and fundamental freedoms across the globe in the past quarter century has turned the attention of experts I n t r o d u c t i o n 5 to the Muslim world’s internal struggles in achieving universal human rights standards. Whether impediments to observing modern notions of human rights in the Muslim world are inherent to Islam or linked to the social, structural, and cultural factors is an issue that has sparked intense debate over the nature of democratic change in these societies. More broadly, the struggle for human rights has revived an old rivalry within the Muslim world between secular rationalists and Islamists. In today’s globalizing world, religious heterogeneity, emerging norms, and multiple loyalties have become so intricately entangled that it makes eminent sense, therefore, to talk about values and religious
  • 80. pluralism. Can embracing religious pluralism provide the best hope for effective adjustment to global change and the information age? Is value pluralism a necessary condition for making progress toward achieving social justice in the international community? What role does the human rights discourse play in nudging along the debate between Western and non- Western worlds, and who should be held to account for the persistence of human rights abuses in the Middle East? These are critical and complex issues that should be addressed. In Iran, Barbara Ann Rieffer- Flanagan points out, there is some basis for hope in the future: There is limited progress on second generation rights (socioeconomic and cultural rights) and the political elites are increasingly using the language of international human rights. A prag- matic Islam that seeks a dynamic interpretation of Islamic law (Shari’a) can be an effective alternative to the sacred and textual rigidity of ortho- dox Islam. On balance, human rights prospects in the Middle East are uncertain if not entirely bleak. But beyond the Middle East, experiences of Muslims in Turkey, Indonesia, and India have been positively linked to human rights and democracy at least in certain periods.
  • 81. Deciding between competing narratives regarding the relationship— or even the conversation—between religion and human rights has not been an easy affair. This can also be comparatively demonstrated, by examining the role of Catholicism and human rights both in the Western world and Latin America, Hinduism and human rights in India, Con- fucianism and Buddhism and human rights in East Asia—to cite a few examples. It is worth noting that some ostensibly Christian nations have produced admirable records of human rights and democracy, while oth- ers have produced fascism and other forms of totalitarianism. The same nation with the same religious heritage has sometimes produced both. Put very simply, the linkage between religion and human rights needs further nuanced and subtle analysis. The Catholic Church has faced a myriad of criticisms regarding its complicity in corrupt regimes, gender bias in the nonordination of women and the regulation of reproductive freedom, unfair treatment of its own employees and members, and, perhaps most crucial ly, the
  • 82. 6 M a h m o o d M o n s h i p o u r i exploitation of dependent and unemancipated persons receiving its ser- vices.1 Over time, however, the infl uence of the Church’s basic theologi- cal message and legal forms and policies has arguably helped account for the realization of human rights as a feature of Western legal institutions. The key point to note is that the richness and complexity of Catholicism’s role in advancing human rights point to both successes and failures.2 The Vatican has both identifi ed with some human rights and also endorsed those violating rights, depending on which rights, eras, and issues one is addressing. One Pope was all for democracy in Poland, and another helped cover up child abuse in Ireland and elsewhere. Similarly, it is important to understand the ways in which Hindu traditions both strengthen and weaken the struggle for human rights in South Asia today. Opposition to caste discrimination in the Hindu world has a long history. Yet many Indians tend to attribute the persisting dis- crimination against untouchables (Dalits) to Hinduism. As it is the case in Christianity, Islam, and Judaism, Hinduism has always contained both conservative and reformist, even radical variants.3 In contemporary India, as Jack Donnelly notes, “Hinduism functions as both a support
  • 83. for and an impediment to the exercise and enjoyment of internationally recog- nized human rights.”4 The universalist elements of Hinduism— a single dharma governing an integrated, divinely infused reality and regulating a universal struggle toward liberation—have provided in both principle and practice an impetus toward shoring up local support for fundamental human rights.5 Some experts on Islamic law have shown the compet- ing trends in Islamic interpretation, similar to varieties of thought in Christianity, Southern Baptist and Congregationalist interpretations of Christianity.6 Likewise, Confucian tradition, with its strong communitarian strands and frameworks, has become a topic of much discussion in recent years. Many observers have argued that Confucianism can be properly inter- preted to become compatible with modern human rights with respect to their content, if not legal regulation. Even though Confucianism has historically been based on a hierarchical foundation, especially in the con- text of patriarchal social and cultural traditions, classical Confucians took the view that all people have the capacity to become fl ourishing moral persons in the community, if not exemplary sages.7 Like all
  • 84. traditions, Confucianism has been open to change and development in response to both internal social problems and external pressures. Currently, there exists a strong movement of New Confucians who tend to progres- sively reinterpret the tradition in robust engagement with the West.8 As a dynamic tradition, Confucianism can be reinterpreted to provide a minimum of social guarantees for human rights in the form of support- ive public policies and political reforms, including constitutionalism and democracy. Contemporary Japan and South Korea provide particularly I n t r o d u c t i o n 7 apt examples for adjusting Confucian- infl uenced societies to modern human rights standards.9 Isl am and Human Rights While focusing largely on the Muslim world, this book has examined both internal and external factors infl uencing the state and progress of human rights in the Middle East. The central theme underlying this volume’s arguments is that religious factors seem extraneous to an understanding
  • 85. of human rights issues in the Muslim world. All religions have developed in patriarchal settings: They are largely expressed in patriarchal terms, and they are heavily infl uenced by patriarchal values. It is therefore wrong to examine the ambiguities and contradictions in Islamic sacred texts, instead of addressing social and structural causes of economic and political decay. The contributions by Manochehr Dorraj, Turan Kayaoglu, and Halim Rene have demonstrated that renewed emphasis on the relationship between religion and human rights has increasingly become an essential element of law, politics, and society in contemporary Muslim world. By way of contrast, the chapter by Lawrence Davidson has noted that, histori- cally, all rights have local origins and have been shaped by local cultural traditions. Others, such as Anthony Chase, have argued that sexual and gender rights continue to challenge traditionally narrow notions of what constitutes a protected status against discrimination. Chase underscores the point that respect for rights based on a singular identity risks forgoing the emergence of fl uid, multiple, and evolving identities of Muslims. Although the issue of how to implement human rights remains unre- solved, the gap between the Muslim and Western worlds over
  • 86. the issue of what constitutes human rights has been narrowed. The dispute between the two worlds over human rights is not a confl ict in dialectics but one of perspective. In the post-9/11 era, Islamists and secular human rights forces have inherited overlapping priorities in areas such as the use of security prisons and courts, electoral rights, and freedom of expression, leading the way for bridging the religious- secular divide that had vexingly beleaguered human rights conditions in the Middle East. Over the centuries, Muslim countries have been subject to political machinations and manipulation by great powers, driven both by rivalry and collusion. In the Middle East, for example, the Western world has gained more access to the region’s oil resources by working with dictators rather than democratic regimes accountable to their people. The U.S. strategic ties with the governments of Egypt, Saudi Arabia, Turkey, and Pakistan have always been based on purely instrumental grounds, refl ect- ing geopolitical impulses. The persistence of geopolitical concerns, especially in the aftermath of the U.S. occupation of Iraq, has rendered
  • 87. 8 M a h m o o d M o n s h i p o u r i the work of human rights groups and organizations immensely diffi cult in countries such as Egypt. Security considerations have dramatically narrowed the space for human rights claims and activities in the name of the global campaign dubbed the “war on terror.” The chapter by Monshipouri and Mokhtari demonstrates the fl aws of the so- called war on terror strategy undertaken by the Bush administration. Beyond the exigencies of “humanitarian intervention,” and “the responsibility to protect,” they point out, moral and ethical justifi cations for military intervention under the rubric of security, stability, and nation- building have fallen by the wayside. It may very well be the case that investing in nation- building and peace- building is an effective way to combat terrorism, but postconfl ict societies encounter a bewildering array of socioeconomic and political diffi culties for which the military occupation cannot provide reliable panacea, and in fact may be the overt cause of many of these issues. Exploring the root causes of human rights abuses in the Middle East and North Africa, Bahey eldin Hassan argues, the dominant role of the
  • 88. executive branch—and the security apparatuses at the heart of it—has led to a chronic failure to build a nation of rights and law s. Institutions and mechanisms that are meant to protect the individual and society from autocracy are used to legitimize and institutionalize a systematic assault on the liberties and rights of the individual and society, all the while methodically weakening civil society, which was created in some countries such as Egypt, Syria, and Iraq during the periods of relative liberalism in the fi rst half of the twentieth century. In these countries, the constitution, legislative process, courts, parliament, and religious establishments have often been used as means of conferring legitimacy on methodical assaults on the rights of individuals and society. The 2011 uprisings in Tunisia, Egypt, Libya, Yemen, and the rest of the Middle East and North Africa illustrate the fact that the spread of modernity and modernizing forces in a society is indeed a key contrib- uting factor to the implementation of reform. These forces are likely to push a country toward a gradual democratic transition, a possibility that, as Hassan notes, seems more likely in Tunisia than Egypt given that Tunisia is the most modernized and urbanized country in the region.
  • 89. In Egypt, by contrast, modern forces are weak. The military establishment has been the main prop of the regime since 1952 and has vested interest in maintaining certain power relations and institutional arrangements. The Internal Forces of Change Three groups have lately been the subjects of an intense human rights debate in …