Rachel A. George Phd Revised April 2018
Total Page:16
File Type:pdf, Size:1020Kb
The London School of Economics and Political Science From Contestation to Convergence? A Constructivist Critique of the Impact of UN Human Rights Treaty Ratification on Interpretations of Islam in the Gulf Cooperation Council (GCC) Countries Rachel Ann George A thesis submitted to the Department of International Relations of the London School of Economics for the degree of Doctor of Philosophy, London, 2018 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I confirm that Hassan Shiban contributed by helping the author with the transliterations of Arabic for references contained in this thesis. I declare that my thesis consists of 99,537 words. 2 Acknowledgements I am most grateful for the academic, professional and personal support from the institutions, advisors, peers and friends that have guided and supported me throughout my doctoral study. First and foremost, I wish to express my deepest gratitude to my supervisor, Dr. Katerina Dalacoura. Her constant guidance, compassion and persistence have strengthened me as a researcher, writer and individual. Many meetings with her over the past four years have supported and ignited my interest and resolve in this research, which was only successful thanks to her kindness, generosity and dedication. I also wish to express my deepest thanks to the individuals and groups who supported me at the LSE, including but not limited to: the LSE International Relations Department and its studentship funding, the International Institutions research workshop, and the Middle East Centre. I am also grateful to the teaching teams and students involved in the IR 203 International Organisations course. Many thanks, as well, to Dr. Abdullah Baabood at the Gulf Studies Centre at Qatar University for hosting me in Doha and to the many kind activists, lawyers and experts in the Arab Gulf and across the Middle East, Europe and America who lent their time to talk with me about my research. Thanks, also, to Goodenough College for helping situate me in a new country and city and introduce me to lifelong friends. Finally, I am most grateful to my peers in the PhD program and my friends and family who have been a continual source of support and encouragement. Particularly, to the women who have supported me throughout my research project, including new acquaintances and friends who have helped inspire me about the need for more female voices and the amplification of existing female voices - in academia, politics and beyond. This thesis is dedicated to these women, particularly those based in the Middle East. 3 Abstract This thesis discusses UN human rights treaty ratification in Gulf Cooperation Council (GCC) countries. Ratification of human rights treaties by most GCC countries, often with extensive reservations concerning the compatibility of certain provisions with Islam, has generated international debate about the applicability of international human rights norms in an Islamic context. With poor compliance records, GCC cases are seen to demonstrate that global human rights norms fail to diffuse and take hold in specific local contexts. This thesis disputes this claim by arguing that normative change can be observed in these cases. It offers a constructivist critique of “norm diffusion” literature by focusing on changes in language and ideas, rather than on legal changes and implementation. Using the cases of the Convention Against Torture, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination Against Women and the International Covenant on Civil and Political Rights, the thesis identifies when and how language and ideas about Islam and human rights have been shaped by UN conceptualizations of rights as a result of GCC engagement with these treaties. Examining both Arabic and English sources and carrying out analysis of the discourses in UN documents, employing legal analysis of recent constitutional documents and laws, and through interview research, the thesis demonstrates how arguments about Islam and human rights in the GCC have been shaped by treaty engagement since the 1990s. By demonstrating ratification’s impact on GCC actors’ use of UN human rights vocabulary and concepts within an Islamic context, the thesis argues that ratification matters more than the conventional literature suggests. It concludes that, even in cases that human rights treaties have failed to result in improved practices, they have contributed to the framing of interpretations of Islam alongside UN human rights concepts, a process that is worthy of greater scholarly attention. 4 Table of Contents Acknowledgements…………………………………………………………………………..3 Abstract………………………………………………………………………….…………..4 INTRODUCTION……………………………………………………………......…………7 i.1 Theoretical Puzzles: Constructivism and Norm Diffusion……………….…............9 i.2 The Research Question……………………………………………………..……...13 i.3 The Argument……………………………………...................................................14 i.4 Case Selection……………………………………………………………………...17 i.5 Methodology and Sources………………………………………………..…...........23 i.6 Limitations on the Research………………………………………………..............26 i.7 Thesis Roadmap………………………………………………………..……..........28 CHAPTER 1: International Law, Constructivism and Norm Diffusion……………….......30 1.1 Exploring the Impact of International Law on Norms: Key Debates...………........32 1.2 A Nuanced View of Norm Diffusion…………………………………....................40 1.3 Norm Diffusion and Human Rights Language in the GCC ………...……........…..45 CHAPTER 2: Islam, Law and Human Rights in the Middle East and in the GCC...……...48 2.1 Islam and Law ………………..……………………………………………............51 2.2 Islam and Human Rights…………………………………………………...............57 2.3 Islamic Law and Human Rights in the GCC……………………………..…...........71 CHAPTER 3: Islam and the UN Convention Against Torture (CAT) in the GCC…..........82 3.1 Torture and Cruel Punishment in Islamic Law and Society…………..….………..88 3.2 Torture and Cruel Punishment in the GCC…………………………………...……98 3.2.1 Islam and GCC Reservations, Understandings and Declarations to the CAT.………………………………………………………………….…….103 3.3 GCC-CAT Engagement: Country Examples……………………………………..104 3.3.1 Saudi Arabia and the CAT………………………..…………………........105 3.3.2 Qatar and the CAT…………………………………..……........................133 3.3.3 Other GCC State Engagement with CAT: Bahrain and Kuwait………….144 3.4 Chapter Conclusions………………….…………………………………….….....148 CHAPTER 4: Islam and the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in the GCC ………………………...……....155 4.1 Women in Islamic Law and Society……………………………………...…...….161 4.2 Islam and Women in the GCC……………………………….………..…......…...164 4.2.1 GCC Regional Instruments and Women…………………….......…..........170 4.2.2 Islam and GCC Reservations, Understandings and Declarations to CEDAW………………………………………….......…..173 4.3 GCC-CEDAW Engagement: Country Examples…………………………...…....177 4.3.1 Kuwait and the CEDAW……………………..……………………..…….178 4.3.2 The UAE and the CEDAW………………………………………...……..194 5 4.3.3 Other GCC State Engagement with CEDAW: Oman, Bahrain, Saudi Arabia and Qatar………………………………………………….………..204 4.4 Chapter Conclusions…………………………………………………….………..212 CHAPTER 5: Islam and the UN Convention on the Rights of the Child (CRC) in the GCC………………………………………………..…………………….....….................217 5.1 Children’s Rights in Islamic Law and Society…………………………...……….221 5.2 GCC Reservations to the CRC……………………………………………………227 5.3 GCC-CRC Country Engagement: Country Examples……………………..……..228 5.3.1 Saudi Arabia and the CRC…………………………………………..........228 5.3.2 The UAE and the CRC…………………………………….………...........241 5.3.3 Other GCC State Engagement with the CRC: Kuwait, Bahrain, Qatar and Oman……………………………………………………………………………...248 5.4 Chapter Conclusions……………………………………………..……….........…253 CHAPTER 6: Islam and the International Covenant on Civil and Political Rights (ICCPR) in the GCC……………………………………………………...………….......................256 6.1 Civil and Political Rights in Islamic Law and Society………………..…..….......258 6.1.1 Civil and Political Rights in Islamic Law………………………...............260 6.1.2 Law and Governance in Islam………………....…....................................261 6.1.3 Freedom of Thought and Religion in Islamic Law….................................263 6.1.4 Civil and Political Rights of Women……………………………..........…266 6.2 GCC Reservations to the ICCPR………………………………………….….......270 6.3 GCC – ICCPR Country Engagement: Country Examples…………………..........272 6.3.1 Kuwait and the ICCPR……………………………………………............272 6.3.2 Bahrain and the ICCPR……………………………………….……..........289 6.3.3 Non-Ratifiers (UAE, Qatar, Saudi Arabia and Oman)……………….......296 6.4 Chapter Conclusions…………………………………………………...……........298 CHAPTER 7: Conclusion…………………………….……….……………………..…...301 7.1 The Framing Effect of International Human Rights Conventions…………..…....304 7.2 Findings Regarding Norm Diffusion and Contributions