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2. The Dynamics of the Right to Social Protection in the Arab Region: Exploring the Role of the State in Changing Times
- Author:
- Azza El Hajj Sleiman
- Publication Date:
- 06-2023
- Content Type:
- Special Report
- Institution:
- Arab Reform Initiative (ARI)
- Abstract:
- Most Arab countries are currently experiencing a critical juncture in their history, encompassing not only political, social, and economic aspects but also legal dimensions. In contrast to many other regions, Arab societies are undergoing significant transformations, influenced by two fundamental factors: the digital revolution and economic globalization, and their wide-ranging social implications. Moreover, Arab countries are witnessing profound political shifts, with some experiencing complete state and institutional collapse, as in Lebanon, Tunisia, Iraq, Sudan, Yemen, and others. Security crises have emerged in certain Arab countries while economic and financial difficulties plague others, further complicating matters. Furthermore, the relationship between governance and society in some nations, as well as the nature of governance itself, poses its own set of challenges. Amidst this transitional period, the role of law and its capacity to safeguard society emerges as a common thread, constituting a significant challenge in this critical phase of Arab history. These challenges exacerbate the severity of crises and underscore the delicate nature of the current stage, necessitating a comprehensive approach at the intellectual, scientific, and societal levels. When dealing with political systems, it is imperative to acknowledge the indispensable role of legal principles, as they form the foundational tools of governance. The study of law extends beyond the mere examination, interpretation, and application of legislative texts and the rights they aim to safeguard; legal studies delve deeply into the fundamental aspects and essence of the rule of law and the mechanisms required for its effective implementation. This line of reasoning holds great importance, recognizing as it does that the source of legal norms lies with those in authority, as highlighted by Bernard Teyssié during a legal conference held at the French Senate in 2004.1 The connection between the enforcement of laws and political power, complicated by issues of jurisdiction, underscores the gravity of this relationship. Traditionally, both the issuance and enforcement of legal rules have been the exclusive domain of the state and its constitutional institutions.2 However, in the modern era, the most prominent and contemporary force shaping these dynamics is the end of exclusive state authority, largely influenced by the impact of neoliberalism. The exploration of the sources of law and their efficacy has traditionally been the domain of social sciences, politics, and philosophy until the positive school3 of law defined them, with the exception of customs, within formal constitutional frameworks. However, the evolving landscape of postmodern societies, the prevalence of neoliberalism, and the rise of social individualism have thrust this issue into the forefront of research, work, and contemplation across various societal actors. These transformations have not only altered the roles of individuals and groups but also impacted their very existence. The term “actors in society” encompasses a wide spectrum of individuals and entities. It includes citizens and residents, both as individuals and as collective groups. It also comprises civil society organizations, political parties, and economic actors ranging from small-scale local businesses to multinational corporations and economic projects. This purview also extends to all state institutions that play a role in shaping and implementing legal frameworks.
- Topic:
- Law, Institutions, and Social Protection
- Political Geography:
- Middle East, Arab Countries, and North America
3. Israeli Law and the Rule of Colonial Difference
- Author:
- Rabea Eghbariah
- Publication Date:
- 03-2022
- Content Type:
- Journal Article
- Journal:
- Journal of Palestine Studies
- Institution:
- Institute for Palestine Studies
- Abstract:
- Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
- Topic:
- Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
- Political Geography:
- Middle East, Israel, and Palestine
4. Undocumented Children in Iran
- Author:
- Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
- Topic:
- Law, Children, Stateless Population, and Undocumented Population
- Political Geography:
- Iran and Middle East
5. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?
- Author:
- Thomas McGee and Yoana Kuzmova
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
- Topic:
- Human Rights, Law, Citizenship, and Stateless Population
- Political Geography:
- Africa, Middle East, and MENA
6. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness
- Author:
- Malak Benslama-Dabdoub
- Publication Date:
- 07-2021
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
- Topic:
- Law, Colonialism, Stateless Population, and Nationality
- Political Geography:
- Middle East and Syria
7. Racial Formations in Africa and the Middle East: A Transregional Approach
- Author:
- Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Diana S. Kim, Parisa Vaziri, Denis Regnier, Sean Jacobs, Wendell Marsh, Stephen J. King, Eric Hahonou, Paul A. Silverstein, Afifa Ltifi, Zeyad el Nabolsy, Bayan Abubakr, Yasmin Moll, Zachary Mondesire, Abdourahmane Seck, Amelie Le Renard, Sumayya Kassamali, Noori Lori, Nathaniel Mathews, Sabria Al-Thawr, Gokh Amin Alshaif, Deniz Duruiz, Yasmeen Abu-Laban, Efrat Yerday, Noah Salomon, and Ann McDougall
- Publication Date:
- 09-2021
- Content Type:
- Research Paper
- Institution:
- Project on Middle East Political Science (POMEPS)
- Abstract:
- In February 2020, the editors of this volume organized a POMEPS workshop that explored the origins of the disciplinary divide between the study of Africa and the Middle East, examining issues that span both regions (i.e., cross-border conflict, Islamist politics, social movements and national identity, and Gulf interventionism.) In February 2021, we convened another workshop, sponsored by POMEPS and the newly-founded Program on African Social Research (PASR, pronounced Pasiri) centered on racial formations and racialization across the two regions. Both workshops centered around the need for a genuinely transregional scholarship, one which rejects artificial divisions between ostensibly autonomous regions while also taking seriously the distinctive historical trajectories and local configurations of power which define national and subregional specificities. The workshop brought together nearly two dozen scholars from across multiple disciplines to explore the historical and contemporary politics of racial formation across Africa and the Middle East.
- Topic:
- Islam, Race, War, Immigration, Law, Slavery, Judaism, Colonialism, Borders, Identity, and Amazigh
- Political Geography:
- Africa, Sudan, Turkey, Middle East, Asia, South Africa, Yemen, Palestine, North Africa, Egypt, Madagascar, Tunisia, Oman, and Gulf Nations
8. Incorporation of Universal Human Rights’ Norms in Municipal Law: An Analytical Study of Saudi Arabia, Iran, and India
- Author:
- Moosa Akefi Ghaziani and Mohmmad Akefi Ghaziani
- Publication Date:
- 12-2020
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
- Topic:
- Human Rights, Law, and Norms
- Political Geography:
- Iran, Middle East, and Saudi Arabia
9. A Syrian Perspective on the Special Tribunal for Lebanon: What Lessons to Be Learnt?
- Author:
- Mansour Omari
- Publication Date:
- 11-2020
- Content Type:
- Working Paper
- Institution:
- Arab Reform Initiative (ARI)
- Abstract:
- Along with the Lebanese, many Syrians were also closely watching the verdict of the Special Tribunal for Lebanon. This is due in part to suspicions that the Syrian regime may have been involved in Hariri’s assassination but also because of the growing interest of many Syrians in international options for justice for the grave violations committed in Syria since 2011. This paper examines the lessons that Syrians can learn from the STL’s experience in their goal to hold those responsible for war crimes and crimes against humanity accountable.
- Topic:
- Genocide, Law, Judiciary, Humanitarian Crisis, and Tribunal
- Political Geography:
- Middle East and Lebanon
10. IPCRI In Between Conference: Safety & Protection in Contested Spaces - Ms. Karolina v. Ede Tzenvirt
- Author:
- Karolina v. Ede Tzenvirt, Nimati Tahhan, Badi Hasisi, and Sammy Douglas
- Publication Date:
- 02-2020
- Content Type:
- Video
- Institution:
- Israel/Palestine Creative Regional Initiatives (IPCRI)
- Abstract:
- Since 2017, the Davis Institute for International Relations from the Hebrew University and the Center for Regional Initiatives (IPCRI) have been engaged in a project aimed at building shared visions for Jerusalem. In this project, local residents from diverse communities from across Jerusalem engaged in mapping local needs and designing their visions for the future of the city. As complementary to this work, IPCRI organized in partnership with Konrad Adenauer Stiftung and the Irish Aid delegations of experts and civil society leaders from Jerusalem to other contested cities such as Belfast, Nicosia and Sarajevo. These delegations focused on the reality of cities in conflict and highlighted the lessons that can be learned from other conflicts. This conference presented the outcomes of both projects. In the first part of the conference, scholars presented policy recommendations designed by local residents and will receive input from experts from other contested cities. Following this part, we will host panels and workshops focusing on the practice of bringing change to contested spaces. From urban planning through shared education and equal representation, we aim to present a comprehensive vision towards the future of those cities in conflict. This presentation was a part of a panel focusing on "Building a Safe Space: Safety & Protection in Contested Spaces" with the participation of Ms. Karolina v. Ede Tzenvirt Building Visions for the Future of Jerusalem Ms. Nimati Tahhan The Glocal Program, The Hebrew University Prof. Badi Hasisi The Faculty of Law, The Hebrew University Mr. Sammy Douglas Former Member of the Legislative Assembly, N. Ireland
- Topic:
- Law, Conflict, Cities, and Society
- Political Geography:
- Middle East, Israel, and Palestine