Hanns Seidel Foundation TAKAMUL CENTRE FOR INTERDISCIPLINARY STUDIES & RESEARCH Dynamics of Inclusion and Exclusion in the MENA Region : Minorities, Subalternity, and Resistance Edited by Hamza Tayebi and Jochen Lobah This publication contains a selection of papers presented during the international conference on Middle Eastern and North African Studies entitled “Dynamics of Inclusion and Exclusion in the MENA Region: Minorities, Subalternity and Resistance”, which was held on March 10-11, 2018 in Marrakesh, Morocco. Imprint Axis Design ISBN 978-9920-37-719-5 September 2019 Publisher Copyright 2019, Hanns Seidel Foundation Morocco/ Mauritania 9, rue Al Karm, Appt. 1 Hay Riad 10 100 RABAT Tel: +212 (537) 56 36 34 Fax:+212 (537) 56 36 39 Email: [email protected] Site web: www.hssma.org Chairwoman Prof. Ursula Männle, Minister of State (ret.) Secretary General Dr. Peter Witterauf Director, Institute for International Cooperation Dr. Susanne Luther Responsible for Publication Dr. Jochen Lobah Hamza Tayebi Editor Dr. Jochen Lobah Hamza Tayebi Special Acknowledgement Lars Wenzel Ingrid Heidlmayr-Chegdaly, PhD All rights, including the right of reproduction, dissemination and translation, reserved. No part of this publication may be reproduced in any form (including photocopying, recording, or otherwise) without the written permission of the Hanns-Seidel-Stiftung e.V. or processed using electronic systems, copied or distributed. The copyright for this publication lies with the Hanns-Seidel-Stiftung e.V. The contributions by named authors do not necessarily reflect the opinion of the publisher, the Hanns-Seidel- Stiftung or Takamul Centre. Table of contents Preface Dynamics of Inclusion and Exclusion in the Mena: Minorities, Subalternity and Resistance ................................................................................... 5 Dara J. Silberstein & Hamza Tayebi Migration Policy and Sectarianism in Areas of Limited Statehood ............................................................................................ 7 Marginalization as Cause for Sectarianism, Leading to Sustainable Obstruction of Nation- and State-Building Processes : A Yemeni Case Study .............................................................................................. 9 Said AlDailami & Jannis Muser Migration and the post “Arab Spring” Era: A Transition Towards a New Security Nexus ...................................................................................................... 25 Omar Moumni The Taming of the Shrewd: Towards an ArabSpringing of Dangerous Classes in MENA ................................................................................................... 37 Najib Mokhtari Morocco’s Migration Reforms: From the 2003 Law to the 2014 Regularization Program ....................................................................................... 55 Mohammed Yachoulti Minorities in Contemporary Morocco: Persecution, Digital ‘Intifada’, and Prospects of Secularization .......................................................................... 77 Hamza Tayebi & Ilham Bettach Tolerance and Recognition of Religious Minorities ...................... 95 Navigating Historical Minority Dilemmas Today: Presenting Violence against Copts to an International Audience after 2011 ...................................... 97 Elizabeth Monier Religious Minorities as “Subalterns” in Post-2011 Morocco: Between Modalities of Co-existence and the Quest for Recognition ...............................111 Youssef Boutahar 3 Religious Minorities in the Sherifian Kingdom of Morocco: Change and Lack of Change ....................................................................................................127 Taha Tayebi Gender Equality, Non-Discrimination and Human Rights ........145 Gender Bender on the Air: Moroccan Social Media and the R/Evolution of Sexual Minorities ............................................................................................147 Badr Guennoun From “She-Other” to “She-Self” Reshuffling Citizenship, Cracking the Gender Order ......................................................................................................155 Fatima-Zohra Iflahen Human Trafficking in African Women: Case of Trafficking in Sub- Saharan Women in Morocco ..............................................................................169 Naima Benlarabi Narratives of Single Motherhood between Stigmatization and the Role of Non-Governmental Organizations ....................................................................199 Ghita Rezzouk Transitional LGBT in Morocco LGBT between Islam and Human Rights .........................................................249 Abdessamad Dialmy Minority-ness in the Post-Arab Spring Discourse: LGBT Community in the 20th February Movement ..............................................................................273 Fatima Zahra El Amrani Legal, Political and Cultural Representation of Minority Groups .............................................................................................291 Minorities in Tunisia: a Transitional Issue? �����������������������������������������������������293 Omar Fassatoui Minority parties in Germany – Between Political Representation and No Man’s Land ..........................................................................................................305 Christoph Nuschko Deconstructing and Reweaving the Grid: Artisans in the Middle Atlas ........321 Barbara J. Anello-Adnani List of contributors .............................................................................................343 4 Preface Dynamics of Inclusion and Exclusion in the Mena: Minorities, Subalternity and Resistance Dara J. Silberstein Binghamton University Hamza Tayebi Takamul Centre for Studies and Research Introduction Discussions focused on human rights often provide critiques of the “othering” of marginalized groups through a range of socio-political, legal, and economic institutions. In Western Democracies this “othering” is examined within a context that falls under the general rubric of “identity” politics. For instance, a demand for the legalization of same sex marriage is understood as an issue for those who identify as members of LGBTQ communities. Identity frameworks assume a certain stability about the constitutive nature of its members and attempt to track the specific ways access to privilege and power are singularly determined. Recent scholarship has pointed out such categories often based on race, gender, sexuality, ethnicity, religion, able-bodiness, etc. have proven inadequate in capturing the shifting alliances and multiple identities many insist more accurately encapsulate their lives. As a result, the actual tools of sustaining systemic inequalities remain relatively intact irrespective of what might seem to be attempts towards greater inclusivity. As problematic identity politics may be within Western nation-states it is even more so in countries that do not conform to neoliberalist 5 mandates. Nevertheless human rights activists continue to rely on their westernized “gaze” to demand reforms that ignore the voices of those who inhabit postcolonial nations. Antonio Gramsci first proposed the idea of telling history from the perspective of the masses, the subaltern, in his critique of cultural hegemony. Subaltern scholarship critiques the ways the mechanism of the West’s colonial empires required the silencing of the voices of all those outside of the institutions of power. In her article, “Can the Subaltern Speak” (1988) Gayatri Spivak argues that western scholarship critiquing colonialism continues to situate the West’s perspective as the dominant discourse within which the subaltern cannot possibly find their voice. Spivak explicated this silencing effect in her examination of the Sati women in India under British colonial rule. British humanists argued that the women needed to have their individuality legally recognized as a way of addressing what they understood to be the barbaric practice of Hindu widows throwing themselves on their husband’s funeral pyre. In contrast there were Hindu leaders who argued that women should be allowed to make the choice voluntarily. Either way, the women, as subaltern, were denied a voice and placed in a false duality of having to choose between traditional practices and modernity. It is important to recognize that the subaltern are heterogeneous and may not always share the same ‘identities.” However, the one uniting feature is the ways they resist the dominant elites. In so doing, subalternity points to reestablishing the history, culture, language, etc. of the subaltern as a way to overcome colonialism continuing effects. The essays in this collection reject “identity politics’ and create spaces that include the voices of the subaltern within MENA. 6 Migration Policy and Sectarianism in Areas of Limited Statehood Marginalization as Cause for Sectarianism, Leading to Sustainable Obstruction of Nation- and State-Building Processes : A Yemeni Case Study Said AlDailami & Jannis Muser Hanns Seidel Foundation Tunisia, Algeria, Libya Abstract This paper analyses the rise of sectarianism, violence and instability in Yemen in the context of preceding marginalization processes. The territorialised governance obstructed economic development and political participation in the northern province of Saada. The local population’s reduced ability of participation increased the willingness to use violence. This lead to radicalisation of the Saada