THE LEAGUE OF ARAB STATES AND THE PROMOTION AND PROTECTION OF HUMAN RIGHTS By MOHAMMED S.M. AL-AJAJI LL.B., King Saud University, 1983 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (FACULTY OF LAW) We accept this thesis as conforming to the required standard. THE UNIVERSITY OF BRITISH COLUMBIA April 1990 (c) Mohammed S.M. Al-ajaji, 1990 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of The University of British Columbia Vancouver, Canada Date April 24. 1990 DE-6 (2/88) ABSTRACT This thesis is an analytical study of the League of Arab States regional human rights system. It involves an examination of the League's concept of human rights as represented in the League's two draft instruments - the draft Arab Declaration of Human Rights and the draft Arab Convention on Human Rights - as well as its machinery of implementation as represented in the Permanent Arab Commission on Human Rights. Our analysis of the League's human rights is conducted in the light of the political, cultural and ideological factors prevailing in the Arab world. The League's failure to establish an effective regional human rights system is due largely to its inherent limitations and to the constant negative attitudes of Arab States toward human rights protection. Unless some drastic changes in these determinate factors take place, the situation is likely to remain the same in years to come. iii TABLE OF CONTENTS Page ABSTRACT TABLE OF CONTENTS i• • LIST OF TABLES CHAPTER I - INTRODUCTION 1 CHAPTER II - THE LEAGUE OF ARAB STATES AS A REGIONAL ORGANIZATION 4 A. Basic Characteristics of the Region 4 1 - Population Structure 4 2 - Political Systems 9 3 - Pan-Arab Nationalism 14 4 - Islamic Resurgence 16 B. Origin and Development of the League ( 18 C. Evaluation of the League's Role in the Arab World 22 1 - Internal Activities 22 2 - External Activities 26 3 - Major Causes of the League's Weakness 33 4 - Current Attempts to Reform the League 35 CHAPTER III - THE LEAGUE'S LEGAL TECHNIQUES FOR PROMOTING AND PROTECTING HUMAN RIGHTS 45 A. The Draft Arab Declaration of Human Rights 45 1 - Significance of Declarations 46 2 - The Draft Arab Declaration of Human Rights v. The Universal Declaration of Human Rights 48 B. The Draft Arab Convention on Human Rights 53 1 - General Obligations 54 2 - Civil and Political Rights 61 3 - Economic, Social and Cultural Rights 84 4 - Collective Rights 89 5 - Evaluation of the League's Concept of Human Rights 92 IV CHAPTER IV - THE LEAGUE'S MACHINERY OF IMPLEMENTATION 111 A. The Permanent Arab Commission on Human Rights 111 1 - The Commission's Origin and Organization 111 2 - The Commission and the Promotion and Protection of Human Rights 114 B. Other Potential Measures of Implementation 119 1 - The Proposed Arab Court of Justice 119 C. The Role of Arab Non-Governmental Organization 120 CHAPTER V - CONCLUSION 127 BIBLIOGRAPHY 131 APPENDICES A. The Pact of the League of Arab States 138 B. The Draft Arab Declaration of Human Rights 145 C. The Draft Arab Convention on Human Rights 153 D. Rules of Procedures of the Permanent Arab Commission on Human Rights 162 V LIST OF TABLES Page Table 1 Population Structure of Arab States 5 Table 1 (Continued) 6 CHAPTER I: INTRODUCTION The trend in international organizations working in the field of human rights has been to enumerate and define human rights in the form of declarations and conventions. There has also been an increasing shift towards creating mechanisms for the implementation of human rights . Thus, regional organizations have been principal participants in this international human rights movement. The Council of Europe, the Organization of American States and, more recently, the Organization of African Unity have all taken considerable steps towards creating effective human rights systems. The question arises as for the prospects of the League of Arab States. The League of Arab States is the second oldest regional organization in the world after the Organization of American States. Its initiatives in the field of human rights date back to 1968, when the permanent Arab Commission on Human Rights was established with a mandate to promote respect for human rights in the Arab world. A draft Arab Declaration on Human Rights was concluded in 1971. At present, a draft Arab Convention on Human Rights is pending adoption by the Council of the League of Arab States. According to Boutros Ghali, the extent of the success of a certain regional human rights system depends entirely on the willingness of the system to respond to the special characteristics and needs of such a region.1 Given the reality of the 2 Arab world, it has never been an easy task for the Arab League to create an effective regional human rights system Despite claims of belonging to one Arab nation and of sharing a common language and historical heritage, the Arab region does not provide us with a homogenous unity. Other cultural, ideological and social factors prevailing in the region must be considered. Diversity of political systems and the existence of ethnic and religious minorities are just some illustrations of this lack of homogeneity. The existence of Islam has undoubtedly exerted the most influence on the development of the Arab conception of human rights. As one writer has rightly observed: Any attempt to separate the idea of human rights in the contemporary Arab world from its Islamic origins would inevitably lead to a deplorable negligence of a most vital element in the whole subject.2 The existence of these factors not only influences the Arab conception of human rights but it also affects the implementation machinery employed. This is not, however, to suggest that the existence of these factors necessarily works directly against the protection of human rights. Thus, the League of Arab States in estableshing its human rights system must adopt these regional characteristics and needs . The purpose of this thesis is to provide an analytical study of the League of Arab States' human rights system in the light of the special characteristics of the 3 Arab world, and to determine the causes of the system's weakness. The study will cover both the League's conception of human rights as well as its machinery for implementation. FOOTNOTES 1. Boutros B. Ghali, "Human Rights and Third World Countries", (in Arabic), As-Syasah Ad-Dawliah (International Politics) 75 (1984): 141-148. 2. Fouad Zakaria, "Human Rights in the Arab World: The Islamic Context," in Philosophical Foundations of Human Rights, (Unesco, 1986), p. 236. 4- CHAPTER II: THE LEAGUE OF ARAB STATES AS A REGIONAL ORGANIZATION A) Basic Characteristics of the Region 1 - Population structure Although the popular image of the Arab world, especially in the West, envisages a region populated by homogenous Muslim Arabs, the Arab world is, in fact, peopled by numerous ethnic, religious and linguistic minorities. In addition to the majority community which is characterized with being both Arab and Sunni Muslim, there are groups whose communal identities lack either the Arab or the Islamic character, or both. (See Table 1) These groups may be divided into the following categories. 1 - People who are Arab, but not Sunni Muslim. Falling into this category are Shia, Alawis and Ibadis. Shia are in turn divided into many sects, the most significant of which are the Twelvers and Zaydis. 2 - People who are Arab but not Muslim. This category mainly consists of Christian and Jewish Arabs. As in the Shia case, Christian Arabs are divided into various groups. Among them are the Egyptian Copts, Maronites, Eastern Orthodox, Greek Orthodox and Protestants. Alawis and Druze can also be considered in this category, since most of the Muslim Arabs, Shia and Sunni alike, look upon them as non-Muslim, despite their claims to the contrary. 5 TABLE I Population Structure of Arab States Total Perc. of Perc. of Perc. of Perc. of Country Pobulation religious ethnic alien nom.ads (in millions) groups groups Algeria 22.4-2 Sunni 99.1 Arab 83.5 Berber 16.1 Bahrain 0.417 Shia 47.9 Arab 87 18 Sunni 44:3 Christian 4.6 Democratic 2.29 Sunni 99* Arab 93 10 Yemen Djibouti 0.364 Sunni 94* Issa and Christian 6 Somali 47 Afra 37 Arab 6 Egypt 48.5 Sunni 94 Arab 99.7 Christian 6 Iraq 15.9 Shia 52.5 Arab 77 Sunni 40.5 Kurd 19 Jordan 3.515 Sunni 91.6 Arab 98 52.7 8** Christian 5 Palestinians Kuwait 1.71 Sunni 84 Arab 84 58 Shia 10.4 Asian 15 Christian 5* Lebanon 2.668* Shia 33* Arab 93 10* Sunni 25* Armenian 5* Palestinian Maronis 25* Other Chris. 10* Druze 7* Libya 3.605 Sunni 97 Arab 90 18* Berber 5 Mauritania 1.89 Sunni 99* Moor 80* 32** Tukulor 12* Fulani 5* Contd... * Estimate ** Rough estimate - Groups constituting less than 4% are not included. 6 TABLE I (Contd.) Population Structure of Arab States Total Perc. of Perc. of Perc. of Perc. of Country Pobulation religious ethnic alien nomads (in million) groups groups Morocco 21.994 Sunni 98 Arab 59.6 5* Berber 39.5 Oman 1.242 Ibadi 50 Arab 87 18* 7.5* Sunni 25 Baluchi 4 Christian 11** Shia 7* Qatar 0.315 Sunni 70.3* Arab 69** 73.2* Shia 24* Persian 14** Christian 5* Saudi 11.54 Sunni 92.1 Arab 91.4 23.3* 6.5* Arabia Shia 5 Somalia 4.65 Sunni 99.8 Somali 95 Sudan 21.55 Sunni 73 Arab 46 10 Animist 17 Nilotic 25 Christian 9 Azenda 6 Nuba 6 Beja 5 Syria 10.27 Sunni 71 Arab 89 6 Alawi 25 Kurd 6 Christian 9.9 Tunisia 7.081 Sunni 99.5 Arab 98 U.