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The League of Arab States and the Protection of Human Rights: a Legal Analysis

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The League of Arab States and the Protection of Human Rights: a Legal Analysis THE LEAGUE OF ARAB STATES AND THE PROTECTION OF HUMAN RIGHTS: A LEGAL ANALYSIS A thesis submitted for the degree of Doctor of Philosophy by Rawa Ghazy Almakky The Department of Politics, History and the Brunel Law School, Brunel University London Declaration I declare that the thesis is written by me and its contents, in full or in parts, have not been submitted to any other institute or university for the award of any degree. i Abstract The United Nations has created an abundance of human rights treaties and declarations over the decades to promote a culture of human rights and to set normative provisions of human rights standards for all states to follow. This broad effort is supplemented by the work of regional human rights organisations, which aim to ensure implementation of these fundamental precepts, and to enhance its work to suit its regional circumstances, offering a protective source of jurisprudence at the domestic level. One such organisation, which this thesis examines, is the Arab League. In critically examining the history and the work of the Arab League, the study highlights the deficiencies in promoting and protecting human rights. In this context, this thesis critically examines the Arab League’s development and relationship with the wider international human rights apparatus. It provides a comprehensive overview of the system of the United Nations and its specialised organs that with the resolutions adopted helped the League establish its own regional human rights systems. It traces the history of the application of international human rights discourse in the Arab world. Accordingly, an attempt is made to conceptualise the universality of human rights in the region and the impact of the Shariah discourse. It then attempts to provide an analytic description of the Arab League and background to the region and undertakes an in-depth critical analysis of the structure of the League and assesses its impact in the region, all of which may have incentives to the League’s attempt to institutionalise, promote and protect human rights. The study considers the efforts made by the Arab Permanent Commission on Human Rights and its specialised agencies that ultimately led to the adoption of the Arab Charter on Human Rights (1994). After examining the limitations of the Commission and its work, the scope and structure of the revised Arab Charter on Human Rights (2004) is critically analysed. The study also examines and evaluates the legislative framework of the Arab Human Rights Committee (the Charter’s enforcement mechanism as per Art.45). A case study of the Syrian Arab Republic and the analysis of continuing violations of human rights in the region illustrate the deficiencies and limitations of the Arab League as a regional organisation. ii Acknowledgements This PhD thesis is a result of a long and challenging journey. Many elements helped me complete this thesis. First and foremost, I would like to give my greatest gratitude and praise to Allah, the most gracious and the most merciful, for providing me with guidance and strength to undertake this journey. I am also grateful to his Majesty King Abdullah bin Abdul Aziz Al-Saud (may Allah bless his soul), the former Custodian of the two Holy Mosques for his gracious gift of giving myself and fellow Saudi Students an insightful opportunity to study overseas. I would also like to extend a heartfelt appreciation to his Majesty King Salman bin Abdulaziz Al Saud, the present custodian of the two Holy Mosques, for the generous support to all citizens of Saudi Arabia. I would also like to extend my sincere gratitude and appreciation to my supervisor, Professor Javaid Rehman I am indebted to his exceptional knowledge, guidance, patience and unremitting support throughout this PhD journey. Additionally, I would like to express my gratitude to the previous Minister of Higher Education his Excellency Dr. Khalid bin Mohammed Al-Angari and the Ministry of Higher Education for their utmost care and support through all my years of study in Canada and in the UK. I would also like to thank my scholarship sponsors Taif University. My acknowledgements also go to Professor M. Cherif Bassiouni, Dr. Mohamed Mattar and Dr. Mohammed Amin Al-Midani. I am grateful for their advice and providing me with relevant materials during the course of this research. I am also truly thankful for the research and educational environment, as well as, the exceptional support offered to us by Brunel Law School. Last but not least, I owe a genuine appreciation to my family. There are not enough words to describe how grateful and blessed I am to be part of such loving and considerate household. I dedicate this work to my parents, Professor Ghazy Almakky and Wafaa Daghustani this thesis could not have been possible without their immeasurable love, motivation and sustenance. iii R. Almakky Brunel University Table of Contents Abstract ................................................................................................................................................... ii Acknowledgements .......................................................................................................................... ......iii Table of Contents ................................................................................................................................... iv List of Acronyms and Abbreviations .................................................................................................... vii Table of Treaties, Documents and Cases ............................................................................................... xi Part I: Introduction ............................................................................................................................... 1 Chapter 1 Introduction ............................................................................................................................. 2 1.1 The Arab League as a Regional Organisation and its Record on Human Rights Protection ............ 2 1.2 Structural Framework of the Study .................................................................................................... 7 1.3 Enormity of the Human Rights Challenges faced by the Arab Region and the Arab League ........... 9 Part II: Background (Human Rights Norms And Standards) .................................................. 13 Chapter 2 ................................................................................................................................................ 15 2.1 Introduction ...................................................................................................................................... 15 2.2 Conceptualising human rights ......................................................................................................... 15 2.2.1 International Standard-Setting and the Universal Declaration of Human Rights ......................... 18 2.2.2 The International Covenants on Human Rights: the ICCPR and the ICESCR ............................ 24 2.2.3 Ratifications of International Human Rights Treaties .................................................................. 27 2.3 Regional Support for the Universality of Human Rights ................................................................ 43 2.3.1 Introduction ................................................................................................................................... 43 2.3.2 The United Nations support for regional establishments .............................................................. 44 2.3.3 Effectiveness of Regional Arrangements ..................................................................................... 51 2.4 Conclusions ...................................................................................................................................... 61 Chapter 3 Shariah and Human Rights .................................................................................................... 62 3.1 Introduction ...................................................................................................................................... 64 3.2 Cultural Relativism versus Universalism ........................................................................................ 65 3.3 The Influence of the Shariah on the Arab World ............................................................................. 69 3.4 Origins of Islam in the Arab region ................................................................................................. 70 3.5 Sources of the Shariah ..................................................................................................................... 75 3.6 Shariah and its different schools of thought .................................................................................... 81 3.7 Shariah and Human Rights .............................................................................................................. 88 3.8 Conclusions ...................................................................................................................................... 94 Part III: The Arab World’s Inner Dynamics And Cultural Particularity ..................................... 95 Chapter 4 History and Legislative Structure of the Arab League .......................................................... 96 4.1 Introduction ...................................................................................................................................... 98
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