Monday, August 12, 2013

Youth rights in Bahrain: The ultimate Scope of the future


       
Dr. Leila Nicolas*
             Globally, even though youth rights have a long history that is longer than commonly known, it was not until the nineties of the twentieth century that these rights swirled to the surface at global level, most notably with the 1992 Report of UN Special Rapporteur on Youth and Human Rights. After that, youth rights became at the center of human rights international law, that were included in many international treaties specifically the children's rights convention.
            However, the dilemma that arose at the international field was the absence of a clearly defined legal definition of young people. In contrary to the children, who are progressively treated and understood as a codified concept with a clear legal status, young people do exist as a legal category, but this category is not clearly defined and young people continue to be widely perceived as a socio-political concept with unclear borders and inconsistent interpretations.
            For the case of Bahrain, what was called "Arab Spring" added more challenges and risks to the Bahraini Young people that have been deprived from basic freedoms and  rights, added to the  pressing global challenges on the youth all over the world i.e. high levels of unemployment, vulnerable working conditions and marginalization from the decision-making processes.
           
            Media Reports from the streets of Bahrain show that many young girls and boys put themselves on the line of fire each day by going to the streets calling for their rights. They have been subject to torture, prevented from education and  from their basic right to medication as a punishment for rebellion. Actually, those young girls and boys were not only speaking for political change, but struggling to achieve their dreams of citizenship, right of  free expression, human dignity and equality.
            Under International law, the Bahraini government has the obligation to guarantee the human rights of its citizens, and has a duty to prosecute human rights' abusers especially the rights of youth. No measures of responsibility and accountability were taken when a sixteen-year-old boy- which is usually regarded a minor in terms of rights - has been subjected to defamation and his image appeared on various internet websites facing charges of "terrorist attacks". It is a great sign of double standards in Bahrain where the government treats young people as adults in matters of judicial responsibilities, in cases of arrest, prison and justice while only granting them the rights of minors, or offering them no rights at all.
            It is urgent to call for youth rights as a part of human and citizen rights in Bahrain. It should be one of the main issues raised in any negotiation or reconciliation process between the government and the opposition; to highlight current challenges for young people in accessing their rights, to explore the rationale of binding and non-binding instruments to ensure that young people can adequately access their basic freedoms and rights, and to implement the right of youth to freedom from all forms of violence.
            While the globe is enjoying the big step in the progress of youth rights through the finalization of the Youth Development Index, the Arab governments have to answer the question whether and how they want to engage in the youth rights discourse changing the challenges and risks of youth bulbs in their countries to major advantages.
            On 17 December 1999, the United Nations General Assembly declared 12 August be the International Youth Day. It is important on this day especially to call for the people and governments of the world to take into consideration the input of the future generations all over the world and in Bahrain as well. Investing in the future, is the real investment that may build a new Bahraini State, that may raise up to the expectations of new generations...it is the wise investment in youth.

Dr. Leila Nicolas is a professor in the Lebanese University, and an expert in the fields of Humanitarian international law and international Justice.

Thursday, July 18, 2013

Book: dilemma between justice and peacebuilding









 My book is in the Peace Palace Library , and ICC library at the Hague...
It is in Arabic, and the English version will be published at Fall 2013.

Summary of  the book:
The book is entitled: The dilemma in maintaining a balance between justice and peace-building: the international criminal tribunals as case studies.
     In fact, what led me to choose this title, is the Special Tribunal for Lebanon and the tension it made in the Lebanese society. I wanted to get an objective vision and idea about the international tribunals and their impact on peace building in the societies they are supposed to serve.      
      The main objective of this book is to study the following thesis:
 The UN Security Council Resolution no. 827, issued on May 25, 1993, spoke of the determination to create a special international tribunal to try and prosecute persons responsible for serious violations of international humanitarian law in the former Yugoslavia, stressing that its creation would bring justice that will contribute to the restoration and maintenance of peace ( resolution 827 \ 1993, Preamble, p 1).
            So, the book stresses on the question that after twenty years the establishment of ICTY and the other international courts, do the practical cases prove the validity of this argument?.
            The first two theoretical parts of the book discuss the development of the international humanitarian law, the new and challenging concept of R2p, the diverse mechanisms of transitional justice, the development of the international criminal law and the long historical journey of the foundation of the international courts from Nuremberg to the Hague.
            As for the practical framework, it was necessary to identify the concept of peace-building, through measurable variables that were determined as follows:

Peace-building assumes:
First: stability, security and the mitigation of violence.
Second:  democracy and human rights.
Third: the coexistence and building trust among citizens and between them and the state.
Fourth: the rule of law.

  The main findings of the study:
1- Were the international criminal tribunals able to achieve their goals in bringing peace to the societies?
            Based on surveys, reports and interviews, we found out that, excluding the Cambodian case, the international criminal tribunals weren't able to contribute to peace building in the societies. In some cases, they hindered the peace talks, and in most cases they lacked the trust of the people.
2- For an answer to the basic dilemma, does criminal justice lead  to peace?
In this study, we found out that Criminal justice is not a definite path that leads to peace, or a prerequisite means that must be provided for a community to feel secure, stable and begins to pave its road to peace and reconciliation.
            Conversely, the presence of peace - even in the negative sense - may allow the realization of justice and to bring the perpetrators to justice, compensate for the victims and reserve their rights and, of course, acknowledge their suffering.
3- The criminal justice mechanisms can contribute to the peace-building process only if accompanied by other political mechanisms, and thus any isolated mechanism alone cannot achieve long lasting peace.
4- The cases showed clearly that the best solution for a society is to let the political solution lead the mechanisms of justice not the contrary, and it should certainly be a population-based solution.
5- For the dilemma between amnesty and accountability, the study showed that trials alone or amnesty alone is not able to achieve peace. Both of them need to be accompanied by other mechanisms to achieve peace or at least, to achieve acceptable reconciliation in a society.

Recommendations:
To the international community
- The international community, should not impose its will on the people like  a "trustee, but  respect for the right of peoples to self-determination and their right to choose the best means to achieve peace in their country.
- the international community should develop non biased mechanisms of accountability, and disseminate awareness of justice within local communities. it is not enough that human rights NGOs glorify achieving justice, but  it should be clear for the people and the victims that justice is settled.
- It should be noted that a criminal justice is just a way to prosecute the perpetrators, and it should not imply to be a roadmap to building peace, promoting democracy and human rights and achieving reconciliation in a society as it is referred to by many international organizations and the UN secretary general.
- The cases show that the best international courts are the hybrid ones, but they should be settled in the country itself. In order to overcome this mistrust and other difficulties, the international community must place greater emphasis on strengthening the national justice systems of the countries where atrocities have occurred, through the foundation of extraordinary chambers or appointing international judges to help and monitor the trials at the national level.
To the International Criminal Court
1 -The surveys showed that the people of the countries where the atrocities took place, trust their corrupted courts more than the international ones, so it is necessary that the ICC develops its outreach strategy and makes more effort in networking with the people.
2 - The complexity of the judicial process and the length of the period of detention and trials, in addition to the "compromises" the court had to do to maintain states' cooperation etc.. all these issues have raised the skepticism about the International Justice, so the ICC - like ICTY and ICTR-  should set a completion strategy for each case. It should not be permissible to continue trials forever.
3 - the ICC should use the concept of "positive complementarity"  effectively, so it may - under its supervision- shift the cases to the national courts when the state becomes "capable" and "willing" to carry out its responsibilities for prosecution of perpetrators within the jurisdiction of the court.

Thursday, April 18, 2013

I have a dream

I have a dream.... 
to live in a place, where women are seen as humans not just females with sexy bodies;
to live in a place where retired people give place for the youth;
to live in a place where students are not intentionally locked in human- made barriers;
to live in a place where honest people are not described as naive;
to live in a place where the human dignity is preserved whatever your sect is;
to live in a place where you have the right to achieve your goals even if you don't accept to practice clientism;
to live in a place where peace is not just security;
to live a place where people don't close your windows of hope each time you open one;
in a place where I have the right to DREAM.....


Saturday, March 16, 2013

The future world order: A set of strategic blocs



Leila Nicolas Rahbani, PhD
www.leilanicolas.com
www.leilanicolasr.com

 leila@leilanicolas.com

Paper Presented at The 21st Intl Conference on the Persian Gulf
Bandar Abbas, 5-7 March, 2013




Abstract
In this phase, and as the international system had reached a new stage marked by a series of highly disruptive events; i.e. the failure of American war on terror, the fall down of the international financial system, nuclear proliferation, the developments in the Arab world and the decrease of American control on the international organizations... These disruptions have contributed to a growing sense of doubt about the old system; leading to major shifts in the international scene, i.e. shift towards Asia, the waning influence of the west, to the re-emergence of Russia and other regional powers in the international scene especially after the Syrian crisis.
As for the rest of the world, the image and legitimacy of Western leadership have deteriorated spectacularly after the Arab uprisings. The western understanding of the world is no longer universal, while the very notion of universal values is openly under attack, especially after what have been seen as western hypocrisy on the Arab uprisings.
Western leadership is on the wane internationally. The United States is losing its influence on the global economic stage. Americans and Europeans are no longer able to control international decisions alone. No major issue at the international scene - as it is has been seen in the Syrian crisis- can be dealt with without the help of Russia, China and other regional powers like Iran.
Nonetheless, It is clear that the new world order of American dominance is fading; however no clear leadership or rules have replaced this till now. Multi polar blocs will become a reality. International order is heading towards the emergence of strategic blocs that will converge and diverge according to the national interests in each case.
These issues and conclusions will be discussed in my paper.

Monday, May 21, 2012

The Arab world: from autocracy to theocracy… no room for democracy



Leila Nicolas (Rahbany)
Lecture presented in Norway-Oslo, 18 May 2012







Introduction
The early and  moments of what was called “Arab spring”, which was thought to be a wave spreading democracy in the Arab world, turned rapidly to a gloomy winter for the Arab citizens as the Islamists are preparing to take the rule in these states.
For many western key players supporting Arab Islamists in power, the Arab world is oriented toward a Turkish model of democracy, ruled by what they call "Modern or Contemporary Islam".
Nevertheless, today's reality is totally different from the West-portrayed Islamist allies’ image, particularly in Tunisia and Egypt, who don't believe in democracy, pluralism, freedom of beliefs and religion, not to mention basic citizens' rights and freedoms.
In this lecture, I will discuss the dogma of the Islamists, who aim to reach power in the Arab countries, which proves that they don't believe in or promote Democracy.
Then, I will conclude by warning that the Arab region shifting from autocracy to theocracy might cause an unstable Arab region and neighboring European countries.

The Dialectic of Shura and Democracy

Many Muslim Scholars and thinkers wrote about Shura (Mutual Consultation) and Democracy. Accordingly, the following three trends were noticed:
The first trend tried to highlight the similarities between Shura in Islam and contemporary Democracy.
The second tried to compare Shura in Islam and contemporary Democracy, and concluded that Shura is, unlike contemporary Democracy, thorough and vast.
The third trend attacked and totally rejected contemporary Democracy, assuming that Combining Islam and democracy is impossible and Islam is not democratic.
From these religious schools of thought, numerous movements were established. However, the most eminent Islamic movements in the Arab World aiming at reaching power today are a mixture of the Muslim Brotherhood, Salafists and Wahhabists.
For them, democracy is:
1-       Muslim brotherhood:
Nowadays, Muslim brotherhood is considered as the most powerful Islamic group in the Arab World and the most popular in the Syrian opposition.
The movement came into existence after the collapse of the Ottoman Empire. It is well-known for its hatred for the West as it blames it for the collapse of the Islamic Empire. They believe that European countries are Imperialistic powers intending to inherit and annihilate the Islamic civilization by destroying Islamic societies, and trying to replace them by "foreign" models.

Al-Ikhwan al-Muslimun (The Muslim Brotherhood) was founded in Egypt in 1928 by Hasan al-Banna, who declared that achieving the return of the Caliphate was the duty of every Muslim.
Some researchers mentioned that Al Banna approved democracy, based on:
1.      his candidature for the Egyptian parliamentary elections twice;
2.      The lecture, "Islamic Democracy", he made in 1948 at the Muslim Youth Center. 
3.      His assertion that the parliamentary system conforms, in principle, to the Islamic governing system....

Nevertheless, the speeches and publications of Al Banna- as I have observed- haven't reflected any approval of or support to the democratic system. For Democracy is not mere elections and a parliamentary system. it encompasses various criteria, to which Banna didn’t agree. The most important criteria are the following:
-         Al Banna rejects peoples’ sovereignty: He confirms in his letters which were published in a book entitled "the Governance System" that the ruler or the leader is responsible before God. This obviously denies the recognition of people as the source of the state power.
-         Although Al Banna approves the concept of elections, he specifies that the people have to select among the "people of knowledge". It means that Al Banna refuses the concept of equal citizens that have equal rights in a state.
-         AL Banna doesn't confirm the concept of citizenship:
a.                  Al Banna sees that Islam protects the non-Muslim minorities just as an act of charity to non-Muslims and not because it respects their citizenship rights.
b.                 Concerning the government or the executive power, Al Banna sees that the government should be truly Islamic, and its members are “good” Muslims, that abide by Islamic obligations and don't disobey God.
-         Al Banna sees that legislations should be based on Sharia and on the Quran.
-         Al Banna opposes pluralism. He thinks that political parties threaten the Islamic unity, so he called for the dissolution of all the parties: “all the parties should be merged in order to form a sole party”.
-         Al Banna doesn't believe in equality between men and women.  In his views, women -being different from men- should learn housekeeping, raising their children and some basic skills as reading, writing and calculation. They don't have to inquire into sciences.

Later, in the 1950's and 1960's, the Muslim Brotherhood’s disapproval of democracy was made clear by their leading member Sayyid Qutb (1906-1966). He firmly refused any adaptation between Islam and Democracy, opposed any reference to Islam as democratic, and called for a fair dictatorship ensuring the political freedoms of the virtuous only.
He asked: Democracy in the west has gone bankrupt. Why are we asked to introduce it to the East?
Today, many signs and facts indicate that Islamists haven't altered their views regarding democracy. We can refer to the Muslim Brotherhood position, in the wake of the revolutions, which reveals that Democracy is just a "bus" they ride, in order to reach power. Having reached power, they abandon it believing it is profane and thus peoples’ sovereignty shouldn't be acknowledged.
We draw attention to the article published in Washington post that pointed to the "double talk" asking those who say the Muslim Brotherhood is showing new signs of moderation should compare its message to outsiders, in English, with its message to Egyptians and other Arabs, in Arabic.
Take the Brotherhood’s official English and Arabic Web sites, IkhwanWeb and IkhwanOnline, from one day this month. In English, the home page featured no fewer than eight articles on the solicitude of the Brotherhood toward Egypt’s Coptic Christian minority. The Arabic home page, by contrast, included just two small pieces on this theme. The contrast is sharper on other key issues. On democracy, the English home page one January day featured several articles with headlines such as “Why Islamists Are Better Democrats” and “Democracy: One of the Objectives of Shariah?” There was nothing comparable in Arabic. Instead, Arabic readers saw three pieces against freedom of the press, attacking two top independent Egyptian dailies for printing criticisms of the Brotherhood.

Therefore, it seems that democracy is not the main concern of the ruling Islamists, who gained power at the expense of young rebels demonstrating the values of freedom, democracy and human rights.

2-  Wahhabism
Funded by Kingdom of Saudi Arabia and Petroleum Gulf Countries, wahhabism is the most powerful Islamic movement, financially.
It gained power and extent with the Gulf countries oil revolution occurring in the seventies of the 20th century. Those countries spent billions on spreading the radical Wahhabi dogma in the Arab countries and worldwide through the Koranic schools and through various means.
This movement doesn't believe in any participatory process not even democracy. It is based on monopoly and the abolition of the others. It uses violence, in the name of Jihad for the cause of Almighty God, against any opposition even within its own sect. Its ultimate objective is to establish an Islamic Caliphate and apply "God's Governance".
This movement is dangerous as it doesn't accept others and considers them disbelievers. 
It is trying to gradually gain control over Egypt, which will turn into a replica of the Saudi model. It calls for burning and destroying the churches and calls the Christians infidels. Consequently, extremist attacks against infidel Christians were made following the controversial statement made by a Saudi Sheikh who announced that it is “necessary to destroy all the churches of the Middle East and the Arabian Peninsula."
The Wahhabi movement is trying to gain control in Syria and is most probably responsible for the terrorist attacks. As a result, the Kingdom of Saudi Arabia openly stated that it would arm the Syrian opposition: the Allied Wahhabi movement conquering Syria enables the KSA to return to and control Lebanon, to increase its power in Iraq and threaten the ruling authority, after its supporters had terrified Christians in Iraq and obliged them to flee their homeland.
As the Wahhabi movement is not popular in Syria, it relies on its Lebanese allies in order to sneak to Syria tampering with its stability.
since Wahhabism lacks a popular base in Syria, it is not concerned with any political solution and doesn't support the plan of Kofi Annan. It will fight and support killing by virtue of "Fatwa" (A legal opinion or ruling issued by an Islamic scholar), money and arms. It will also undermine the security and stability in Syria until its cells are military eradicated. In the end, none would be willing to carry arms and blast oneself for the sake of the movement.

3- Salafi Movement
This movement competes with the other movements on the Arab scene. They even co-share the powers.
Concerning democracy, some Salafist Sheikhs consider democracy as the "disbelievers' religion and a pagan dogma". On the intellectual level, it is considered as a full acceptance of apostate literature and pornography, in which rebels, disbelievers, women and fighters against God, have the right to rule. It will certainly lead to the spread of pornography and homosexuality. Lately, the Salafists incited women in Mauritania to demonstrate against secularism and Democracy.
The following points reflect its opposition to the democratic system, built on some Sharia texts:

1-      Democracy allows the disbelievers or secularists to reach power. It is rejected since it makes God's commands subject to vote.
2-      Democracy is the product of  Western thought and is not related to the Islamic political heritage.
3-      Democracy is based on the principle of people's rule. In Islam, the only accepted rule is Sharia's rule.
4-      Democracy makes all people involved in decision-making and ruler's selection. In Islam, the decision is the decision of the "men of knowledge": scientists, thinkers, researchers and scholars
5-      Democracy implies that the executive authority abides by People's decision. However, in Islam, Shoura's decision is informative and compulsory.
6-      Democracy includes disobedience to those who were given authority, however disobedience to the ruler is not an Islamic concept.


Conclusion
The interests of the three movements, specially the Muslim Brotherhood and the Wahhabists, in the Arab world, particularly in Syria, are currently overlapping. Their main objective is to reach power through overthrowing the former rulers, including Bachar el Assad, and to control the region.
If Assad's regime is deposed in Syria, they would be able to control the region and Lebanon, the little fragile and politically unstable country.
They would start neither a democratic nor a civil governance. Instead they would abolish others. Moreover, they wouldn't acknowledge the rights of minorities; they would expel them and sweep any opposition. "Muslim Brotherhood" and Wahhabist have some common interests as well as some divergences related to politics and their source of support. As a result, they would try to abolish each other by atrocious and terrorist means.
In conclusion, Arab countries won't witness any democracy once these movements reach power. They will shift from autocracy to theocracy leading to further ignorance, fanaticism and disbelief. Fatwas promoting violence against non-Muslims will increase and subsequently chaos and instability will prevail.
As a result, immigration to Europe and instability will increase leading to additional sectarian and religious drive, affecting the Muslims in Europe. The sectarian conflict might lead the war to spill to Europe, a war that most probably will expand and reach the whole world.
Thank you.

The Battle in the Middle East: Structuring a new International order


Leila Nicolas (Rahbany)



paper presented in  Norway-Oslo, 15 May 2012




I discuss the changes in international system in this paper, focusing on the Middle Eastern trends leading to a new structure for the new world order, which will lead to marginalization of EU.  Finally, I conclude with some recommendations and observations.
  * this paper will be a part of my new book that will be published next fall.