1 Beyond Legislation: Transnational Strategies for Countering Religious
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Hate Speech and Persecution: a Contextual Approach
V anderbilt Journal of Transnational Law VOLUME 46 March 2013 NUMBER 2 Hate Speech and Persecution: A Contextual Approach Gregory S. Gordon∗ ABSTRACT Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia on the issue of whether hate speech alone can serve as an actus reus for CAH-persecution. This Article fills the gap in the literature by analyzing the split between the two tribunals and concluding that hate speech alone may be the basis for CAH- persecution charges. First, this is consistent with precedent going as far back as the Nuremberg trials. Second, it takes into account the CAH requirement that the speech be uttered as part of a widespread or systematic attack against a civilian population. Third, the defendant must be aware that his speech ∗ Associate Professor of Law, University of North Dakota School of Law, and Director, UND Center for Human Rights and Genocide Studies; former Prosecutor, International Criminal Tribunal for Rwanda; J.D., UC Berkeley School of Law. The author would like to thank his research assistants, Lilie Schoenack and Moussa Nombre, for outstanding work. The piece also benefited greatly from the insights of Kevin Jon Heller, Joseph Rikhof, and Benjamin Brockman-Hawe. Thanks, as always, to my family, especially my wife, whose incredible support made this article possible. -
Draft Minutes
EU-TURKEY JOINT PARLAMENTARY COMMITTEE 74th Meeting 10-11 April 2014 European Parliament Brussels DRAFT MINUTES Thursday, 10 April 09.00 -12.30 Ms Hélène FLAUTRE, Co-Chair of the EU-Turkey Joint Parliamentary Committee (JPC) in the Chair Opening remarks The meeting opened on Thursday, 10 April 2014 at 9.00, with Ms Hélène FLAUTRE, Co-Chair of the European Union-Turkey Joint Parliamentary Committee (EU- Turkey JPC) in the Chair. Ms FLAUTRE welcomed the participants of the meeting and made a short introduction on the latest developments in the EU-Turkey relations, drawing particular attention to widespread concerns in the European Parliament (EP) about the directions the Turkish Government was taking and its attitude towards the European norms in the democratisation process. Following this short introduction Ms FLAUTRE gave the floor to Mr Afif DEMIRKIRAN, Co-Chair of the EU-Turkey Joint Parliamentary Committee (JPC) who made his opening remarks and expressed his optimism that relations between the two parliaments will be no less constructive and could be even strengthened in the next legislature. 1. Adoption of the draft agenda. It was agreed to start with the first working session and to discuss the draft agenda after the presentations on the EU-Turkey relations. 2. EU-Turkey relations and the state of play of the accession negotiations Mr Stefan FÜLE, European Commissioner for Enlargement started his intervention by emphasising that the timing was perfect for an exchange of views on this subject. The Commissioner noted a renewed momentum in the EU-Turkey relations (opening of Chapter 22, signing of the readmission agreement and developments in the dialogue on visa liberalisation, enhanced energy cooperation, trade relations and the strategic dialogue and cooperation in foreign policy), which lasted until the end of 2013. -
Erdogan's Islamist Foreign Policy at the Crossroads Kushal Agrawal
MP-IDSA Issue Brief Erdogan's Islamist Foreign Policy at the Crossroads Kushal Agrawal March 17, 2021 Summary Even as he continues to work towards reviving the Ottoman glory and 'Ittihad-I Islam' ('Unity of Islam'), there are significant limitations and vulnerabilities in Erdogan pursuing his Islamist approach to statecraft abroad. The Turkish President will have to choose between a pragmatic and an Islamist foreign policy. If the Turkish economy returns to high growth rates, Erdogan's domestic position will be strengthened and he might still return to his pet Islamist adventures overseas. ERDOGAN’S ISLAMIST FOREIGN POLICY AT THE CROSSROADS In his quest to become the leader of the Muslim world, Turkish President Recep Tayyip Erdogan has in the recent past vehemently opposed the European Union (EU) governments as well as West Asian and North African countries for their policy positions on Islamic issues. Erdogan, for instance, went on an offensive against French President Emmanuel Macron for the latter’s perceived Islamophobic stance in the aftermath of beheading of Samuel Paty on October 16, 2020 in Paris. On October 24, 2020, Erdogan spoke against German authorities for raiding the Mevlana mosque in Berlin, closely associated with the Turkish Milli Gorus movement. Turkey’s relations with key Muslim countries like Saudi Arabia and Egypt have also been fraught, given Erdogan’s support for the Muslim Brotherhood. Since December 2020, however, Erdogan has been trying to reach out to the European Union and the West, in a possible effort to transform his pan-Islamist foreign policy outlook to a pro-Western Kemalist worldview. -
Turkey: Background and U.S. Relations
Turkey: Background and U.S. Relations Updated November 9, 2020 Congressional Research Service https://crsreports.congress.gov R41368 SUMMARY R41368 Turkey: Background and U.S. Relations November 9, 2020 U.S.-Turkey tensions have raised questions about the future of bilateral relations and have led to congressional action against Turkey, including informal holds on major new Jim Zanotti arms sales (such as upgrades to F-16 aircraft) and efforts to impose sanctions. Specialist in Middle Nevertheless, both countries’ officials emphasize the importance of continued U.S.- Eastern Affairs Turkey cooperation and Turkey’s membership in NATO. Observers voice concerns about the largely authoritarian rule of Turkish President Recep Tayyip Erdogan. Clayton Thomas Turkey’s polarized electorate could affect Erdogan’s future leadership. His biggest Analyst in Middle Eastern challenge may be structural weaknesses in Turkey’s economy—including a sharp Affairs decline in Turkey’s currency—that have worsened since the Coronavirus Disease 2019 pandemic began. The following are key factors in the U.S.-Turkey relationship. Turkey’s strategic orientation and U.S./NATO basing. Traditionally, Turkey has relied closely on the United States and NATO for defense cooperation, European countries for trade and investment, and Russia and Iran for energy imports. A number of complicated situations in Turkey’s surrounding region—including those involving Syria, Libya, Nagorno-Karabakh (a region disputed by Armenia and Azerbaijan), and Eastern Mediterranean energy exploration—affect its relationships with the United States and other key actors, as Turkey seeks a more independent role. President Erdogan’s concerns about maintaining his parliamentary coalition with Turkish nationalists may partly explain his actions in some of the situations mentioned above. -
An O Ve Rv Iew 10 Points on Religious Persecution
PM GLYNN INSTITUTE An overview 10 points on Religious Persecution CRICOS registered provider: 00004G Religious freedom: a question of survival “In the Central African Republic, religious Many instances of religious persecution freedom is not a concept; it is a question have been underreported or neglected of survival. The idea is not whether one completely, especially in Western media. is more or less comfortable with the 10 points on Religious Persecution is ideological foundations underpinning intended to draw attention to the issue religious freedom; rather, the issue is and raise awareness on the plight faced how to avoid a bloodbath!” For Cardinal by many, most often minority religious Dieudonné Nzapalainga, the Archbishop groups. of Bangui in the Central African Republic, At a time when advocacy for minority this is a sad and harsh reality; a reality that groups is increasing, it would be is faced by millions of people on a global encouraging to see similar support for scale today. religious minority groups who face When religious freedom is undervalued, persecution because of their faith and ignored, discouraged or targeted, religious beliefs. persecution sometimes follows. Current views on the importance and relevance of religious freedom as a human right are varied and complex, however what can be agreed upon is that persecution is never the right course of action, regardless of the reason. Cover image: Original iron cross from the grave of St. Mary MacKillop 1909, late-19th century, iron and timber. Australian Catholic University Art Collection Overleaf: John Coburn, The First Day: The Spirit of of God brooded over the waters, 1977. -
Understanding Anti-Muslim Hate Crimes Addressing the Security Needs of Muslim Communities
Understanding Anti-Muslim Hate Crimes Addressing the Security Needs of Muslim Communities A Practical Guide Understanding Anti-Muslim Hate Crimes Addressing the Security Needs of Muslim Communities A Practical Guide Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10 00-251 Warsaw Poland www.osce.org/odihr © OSCE/ODIHR 2020 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ ODIHR as the source. ISBN 978-83-66089-93-8 Designed by Homework Printed in Poland by Centrum Poligrafii Contents Foreword v Executive Summary vii Introduction 1 PART ONE: Understanding the challenge 7 I. Hate crimes against Muslims in the OSCE region: context 8 II. Hate crimes against Muslims in the OSCE region: key features 12 III. Hate crimes against Muslims in the OSCE region: impact 21 PART TWO: International standards on intolerance against Muslims 29 I. Commitments and other international obligations 30 II. Key principles 37 1. Rights based 37 2. Victim focused 38 3. Non-discriminatory 41 4. Participatory 41 5. Shared 42 6. Collaborative 43 7. Empathetic 43 8. Gender sensitive 43 9. Transparent 44 10. Holistic 45 PART THREE: Responding to anti-Muslim hate crimes and the security challenges of Muslim communities 47 Practical steps 48 1. Acknowledging the problem 48 2. Raising awareness 51 3. Recognizing and recording the anti-Muslim bias motivation of hate crimes 53 4. Providing evidence of the security needs of Muslim communities by working with them to collect hate crime data 58 5. -
IRFA (International Religious Freedom Act)
REFUGEE, ASYLUM, AND INTERNATIONAL OPERATIONS DIRECTORATE (RAIO) RAIO DIRECTORATE – OFFICER TRAINING RAIO Combined Training Program INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA) AND RELIGIOUS PERSECUTION TRAINING MODULE DATE (see schedule of revisions): 12/20/2019 International Religious Freedom Act (IRFA) and Religious Persecution This Page Left Blank Intentionally , USCIS: RAIO Directorate – Officer Training DATE (see schedule of changes): 12/20/2019 RAIO Combined Training Program Page 2 of 49 International Religious Freedom Act (IRFA) and Religious Persecution RAIO Directorate – Officer Training / RAIO Combined Training Program INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA) AND RELIGIOUS PERSECUTION Training Module MODULE DESCRIPTION: This module introduces you to the International Religious Freedom Act (IRFA) and the responsibilities that the Act creates for adjudicating protection claims. The training you receive will also be useful in adjudicating immigration benefits, petitions, and other immigration-related requests. Through reading and discussing country conditions information, you will increase your awareness of religious freedom issues around the world. Through discussion and practical exercises, you will learn how to conduct an interview and adjudicate a claim with a religious freedom issue. TERMINAL PERFORMANCE OBJECTIVE(S) Given a request for protection (an asylum or refugee application, or a reasonable fear or credible fear screening1) with a religious freedom issue, you will apply IRFA and case law.0) ENABLING LEARNING OBJECTIVES 1. Summarize the IRFA requirements for RAIO officers. 2. Explain the statutory and regulatory requirements for consideration of protection claims and benefits requests involving religious freedom and religious persecution. 3. Summarize legal rulings that must be followed or that provide guidance when making decisions based on religious freedom or religious persecution. -
UN Strategy and Plan of Action on Hate Speech
UNITED NATIONS STRATEGY AND PLAN OF ACTION ON HATE SPEECH Foreword Around the world, we are seeing a disturbing groundswell of xenophobia, racism and intolerance – including rising anti-Semitism, anti-Muslim hatred and persecution of Christians. Social media and other forms of communication are being exploited as platforms for bigotry. Neo-Nazi and white supremacy movements are on the march. Public discourse is being weaponized for political gain with incendiary rhetoric that stigmatizes and dehumanizes minorities, migrants, refugees, women and any so-called “other”. This is not an isolated phenomenon or the loud voices of a few people on the fringe of society. Hate is moving into the mainstream – in liberal democracies and authoritarian systems alike. And with each broken norm, the pillars of our common humanity are weakened. Hate speech is a menace to democratic values, social stability and peace. As a matter of principle, the United Nations must confront hate speech at every turn. Silence can signal indifference to bigotry and intolerance, even as a situation escalates and the vulnerable become victims. Tackling hate speech is also crucial to deepen progress across the United Nations agenda by helping to prevent armed conflict, atrocity crimes and terrorism, end violence against women and other serious violations of human rights, and promote peaceful, inclusive and just societies. Addressing hate speech does not mean limiting or prohibiting freedom of speech. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence, which is prohibited under international law. The United Nations has a long history of mobilizing the world against hatred of all kinds through wide-ranging action to defend human rights and advance the rule of law. -
9. Persecution of Buddhists
208 CORRESPONDENCE. could easily be predicted. Such a publication would un- doubtedly receive substantial support from all the societies interested in the subject. The direction of affairs could not be undertaken by anyone more competent than Professor Goldziher, assisted as he would be by a number of eminent scholars, and it would be a source of great regret for all concerned were he to relinquish this task, as he seems to desire.—Yours faithfully, H. HlRSCHFELD. November 22, 1897. 9. PERSECUTION OF BUDDHISTS. SIR,—At the late Congress of Orientalists in Paris there arose, in the Indian Section, a discussion relative to the alleged persecution of the votaries of Buddhism by the Brahmans, and by sovereigns professing, or converted to, the religion of Siva. This was followed by a paper read by Professor Rhys Davids at a meeting of the Royal Asiatic Society. In the course of his remarks Professor Rhys Davids alluded to a supposed persecution by a king called Sudhanvan, which was brought about at the instigation of Kumarilabhatta in the first half of the eighth century A.D. It is described in the first canto of the Sahkara Dig Vijaya, ascribed to Madhava, and in the Sahkar a Vijaya, ascribed to Anandagiri. I do not intend to discuss the question of persecution in this brief note, but merely to touch on the question of the identity of Sudhanvan. This king is styled a monarch of South India. The name does not appear in any of the known lists of South Indian kings. Was there really a king of that name about that time, and who was he? Sanskrit writers are constantly in the habit of 'Sanskri- tizing Dravidian names, just as in England we anglicize the names of North American Indian celebrities, calling them "Deer-foot," "Burning Cloud," and so on. -
Gender-Related Persecution Guidelines
Distr. GENERAL HCR/GIP/02/01 7 May 2002 Original: ENGLISH GUIDELINES ON INTERNATIONAL PROTECTION: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees UNHCR issues these Guidelines pursuant to its mandate, as contained in the Statute of the Office of the United Nations High Commissioner for Refugees, in conjunction with Article 35 of the 1951 Convention relating to the Status of Refugees and Article II of its 1967 Protocol. These Guidelines complement the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (Reedited, Geneva, January 1992). They further replace UNHCR’s Position Paper on Gender-Related Persecution (Geneva, January 2000) and result from the Second Track of the Global Consultations on International Protection process which examined this subject at its expert meeting in San Remo in September 2001. These Guidelines are intended to provide legal interpretative guidance for governments, legal practitioners, decision-makers and the judiciary, as well as UNHCR staff carrying out refugee status determination in the field. Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees I. INTRODUCTION 1. “Gender-related persecution” is a term that has no legal meaning per se. Rather, it is used to encompass the range of different claims in which gender is a relevant consideration in the determination of refugee status. These Guidelines specifically focus on the interpretation of the refugee definition contained in Article 1A(2) of the 1951 Convention relating to the Status of Refugees (hereinafter “1951 Convention”) from a gender perspective, as well as propose some procedural practices in order to ensure that proper consideration is given to women claimants in refugee status determination procedures and that the range of gender-related claims are recognised as such. -
Confronting the Rise in Anti-Semitic Domestic Terrorism
CONFRONTING THE RISE IN ANTI-SEMITIC DOMESTIC TERRORISM HEARING BEFORE THE SUBCOMMITTEE ON INTELLIGENCE AND COUNTERTERRORISM OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION JANUARY 15, 2020 Serial No. 116–58 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 41–310 PDF WASHINGTON : 2020 VerDate Mar 15 2010 09:11 Sep 22, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\116TH\20IC0115\41310.TXT HEATH Congress.#13 COMMITTEE ON HOMELAND SECURITY BENNIE G. THOMPSON, Mississippi, Chairman SHEILA JACKSON LEE, Texas MIKE ROGERS, Alabama JAMES R. LANGEVIN, Rhode Island PETER T. KING, New York CEDRIC L. RICHMOND, Louisiana MICHAEL T. MCCAUL, Texas DONALD M. PAYNE, JR., New Jersey JOHN KATKO, New York KATHLEEN M. RICE, New York MARK WALKER, North Carolina J. LUIS CORREA, California CLAY HIGGINS, Louisiana XOCHITL TORRES SMALL, New Mexico DEBBIE LESKO, Arizona MAX ROSE, New York MARK GREEN, Tennessee LAUREN UNDERWOOD, Illinois VAN TAYLOR, Texas ELISSA SLOTKIN, Michigan JOHN JOYCE, Pennsylvania EMANUEL CLEAVER, Missouri DAN CRENSHAW, Texas AL GREEN, Texas MICHAEL GUEST, Mississippi YVETTE D. CLARKE, New York DAN BISHOP, North Carolina DINA TITUS, Nevada BONNIE WATSON COLEMAN, New Jersey NANETTE DIAZ BARRAGA´ N, California VAL BUTLER DEMINGS, Florida HOPE GOINS, Staff Director CHRIS VIESON, Minority Staff Director SUBCOMMITTEE ON INTELLIGENCE AND COUNTERTERRORISM MAX ROSE, New York, Chairman SHEILA JACKSON LEE, Texas MARK WALKER, North Carolina, Ranking JAMES R. LANGEVIN, Rhode Island Member ELISSA SLOTKIN, Michigan PETER T. KING, New York BENNIE G. -
2 Letter from the Director 3 Cmes Opens Field Office in Tunisia 6 News and Notes 26 Event Highlights
THE CENTER FOR MIDDLE EASTERN STUDIES NEWS HARVARD UNIVERSITY 2016–17 2 LETTER FROM THE DIRECTOR A message from William Granara 3 CMES OPENS FIELD OFFICE IN TUNISIA Inaugural celebration 6 NEWS AND NOTES Updates from faculty, students, alumni, and visiting researchers; Margaux Fitoussi on the Hara of Tunis; Q&A with Emrah Yildiz 26 EVENT HIGHLIGHTS Lectures, workshops, and conferences; Maribel Fierro’s view of Medieval Spain; the art of Helen Zughaib LETTER FROM THE DIRECTOR 2016–17 HIGHLIGHTS WE COME TO THE END OF ANOTHER ACADEMIC YEAR about which CMES can boast an impressive list of accomplishments. It was a year in which we welcomed the largest cohort of our AM program, 15, increasing this year’s total enrollment to 28 students! I’m happy to report that we will be receiving 18 AM students next fall, testament to a highly successful and thriving master’s program in Middle Eastern studies at Harvard. A highlight of spring semester was the official opening and inaugural celebration of the CMES Tunisia Office, which we have been planning for the past three years. Mr. Hazem Ben-Gacem, AB ’92, our host and benefactor, opened the celebrations. Margot Gill, FAS Administrative Dean for International Affairs, and Malika Zeghal, Prince Alwaleed Bin Talal Professor in Contemporary Islamic Thought and Life, joined me in welcoming our Tunisian guests, along with Melani Cammett, Professor of Government, Lauren Montague, CMES Executive Director, and Harry Bastermajian, CMES Graduate Programs Coordinator. Ten graduate students participated in our second annual Winter Term program in Tunis and were also part of the hosting committee for the event.