Monday, February 24, 2014

The ‘Islam is different’ argument

    Monday, February 24, 2014   No comments
BY EUGENE VOLOKH

[This is my last post serializing my just-published article, Religious Law (Especially Islamic Law) in American Courts, 66 Okla. L. Rev. 431 (2014); you can see the posts so far here.]

I have argued that many (though not all) of the things that are condemned as intrusions of Islamic law into American law are actually the applications of traditional American legal principles. Those who believe in equal treatment without regard to religion, I have argued, should extend to Muslims the benefits of those principles just as Christians, Jews and others can take advantage of those principles.
Some, however, have argued that Islam should not be treated the same as those other religions. One line of argument goes so far as to say (in the words of noted televangelist and political figure Pat Robertson) that “Islam is not a religion. It is a political system bent on world domination.”[111]


It’s hard to figure out exactly what the first part of this means. What constitutes a religion for legal purposes can be fuzzy around the edges,[112] but surely Islam — a prominent system of beliefs about God and God’s supposed commands to mankind — must qualify.[113] The argument, I assume, must be that Islam, though it is a religion, is not simply a religion but is also a political ideology and therefore loses its status as a religion for, say, religious accommodation purposes.
But that can’t be right. Many religions, especially many strands of Christianity, are “political system[s]” in the sense that they create an agenda for political action. The conservative Christian political program of Jerry Falwell, Pat Robertson, and others is one example.[114] The “liberation theology” followed by some liberal Catholics is another.[115]

Saturday, February 22, 2014

Unanimously approved, Security Council resolution demands aid access in Syria

    Saturday, February 22, 2014   No comments
22 February 2014 – The United Nations Security Council today unanimously approved a resolution to boost humanitarian aid access in Syria, a move Secretary-General Ban Ki-moon said can ease some civilian suffering, if it is implemented quickly and in good faith.

Through Resolution 2139 (2014), the Council demanded "that all parties, in particular the Syrian authorities, promptly allow rapid, safe and unhindered humanitarian access for UN humanitarian agencies and their implementing partners, including across conflict lines and across borders".

The 15-member Council also called for an immediate end to all forms of violence in the country and strongly condemned the rise of Al Qaida-affiliated terror.

Members insisted that all parties cease attacking civilians, including through the indiscriminate use of weapons in populated areas, such as shelling and aerial bombardment with barrel bombs, whose use has been condemned by senior UN officials.

Mr. Ban, who participated in the rare Saturday meeting, welcomed the resolution but added that it "should not have been necessary" as humanitarian assistance is not something to be negotiated but allowed by virtue of international law.

He expressed profound shock that both sides are besieging civilians as a tactic of war, and noted that reports of human rights violations continue, including massacres, as well as sexual and gender-based violence against children.

In the resolution, the Council strongly condemned the widespread violations of human rights and international humanitarian law by the Syrian authorities, and urged all parties involved in the conflict to lift sieges of populated areas, including in Aleppo, Damascus and Rural Damascus, and Homs.

They also underscored the importance of medical neutrality and demanded the demilitarization of medical facilities, schools and other civilian facilities.

After the Security Council meeting, the authors of the adopted text, Ambassador Gary Quinlan from Australia, Luxembourgs Sylvie Lucas, and Prince Zeid Raad Zeid Al-Hussein, Permanent Representative of Jordan, highlighted the Council's commitment to take further steps in case of non-compliance with the resolution.

The Council has asked that Mr. Ban submit a report to the members every 30 days from today specifying progress made towards the resolution's implementation.

Today's text builds on the Presidential Statement adopted four months ago, which stressed the need for immediate action to protect civilians and give access to people in need.

Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Valerie Amos said she hopes the passing of the resolution will facilitate delivery of aid. In a statement after the adoption, she underscored the importance of protecting ordinary people who have been bearing the brunt of the violence, particularly children.

Earlier this month, Ms. Amos noted that despite modest progress on the humanitarian front, the UN and partners have not been able to reach the most vulnerable people in the country.

She underscored her plea to Council members to do everything they can to use their influence over the parties to this appalling conflict, to ensure that they abide by humanitarian pauses and ceasefires, give humanitarian actors sustained and regular access, commit, in writing, to upholding international humanitarian law, allow systematic cross-line access, and prevent UN relief teams from being shot at while delivering aid to people in need.

Well over 100,000 people have been killed and an estimated 9 million others driven from their homes since the conflict erupted between Syrian President Bashar al-Assad and various groups seeking his ouster nearly three years ago.

According to the UN Refugee Agency (UNHCR), there are currently more than 2.4 million refugees registered in the region: some 932,000 in Lebanon; 574,000 in Jordan; some 613,000 in Turkey; 223,000 in Iraq; and about 134,000 in Egypt.

In today's resolution, the Council emphasized that the humanitarian situation will continue to deteriorate in the absence of a political solution and expressed support for the UN-sponsored direct talks between Government and opposition representatives.

At the end of the second round of talks last week, Lakhdar Brahimi, the UN-Arab League Joint Special Representative, expressed regret that only modest cooperation between the sides was reached on humanitarian effort.

Mr. Brahimi, who is scheduled to be at the UN Headquarters next week, said the parties had agreed that a new round of talks would focus on violence and terrorism, a transitional governing body, national institutions and national reconciliation.



Source: UNSC news

Thursday, February 20, 2014

The vicious schism between Sunni and Shia has been poisoning Islam for 1,400 years - and it's getting worse

    Thursday, February 20, 2014   No comments
Rendering of Imam Hussain after Karbala
The war in Syria began much earlier than is generally recognised. The conflict actually began in the year 632 with the death of the Prophet Mohamed. The same is true of the violence, tension or oppression currently gripping the Muslim world from Iraq and Iran, though Egypt, Bahrain and Saudi Arabia to Yemen, Pakistan and Afghanistan.

A single problem lies behind all that friction and hostility. On Tuesday, Britain's leading Muslim politician, the Foreign Office minister Baroness Warsi, obliquely addressed it in a speech she made in Oman, the Arab state at the south-east corner of the Arabian Peninsula strategically positioned at the mouth of the Persian Gulf. The religious tolerance of the Sultanate, she suggested, offered a model for the whole of the Islamic world. It certainly needs such an exemplar of openness and acceptance.

What most of the crucibles of conflict in the Middle East have in common is that Sunni Muslims are on one side of the disagreement and Shia Muslims on the other. Oman is unusual because its Sunni and Shia residents are outnumbered by a third sect, the Ibadis, who constitute more than half the population. In many countries, the Sunni and the Shia are today head-to-head.

The rift between the two great Islamic denominations runs like a tectonic fault-line along what is known as the Shia Crescent, starting in Lebanon in the north and curving through Syria and Iraq to the Gulf and to Iran and further east.


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Wednesday, February 19, 2014

Word As Image: Contextualizing “Calligraffiti: 1984-2013″ with French-Tunisian Street Artist eL Seed

    Wednesday, February 19, 2014   No comments
BY RUSTIN ZARKAR

“Calligraffiti:1984-2013,” runs from September 5th to October 5th, 2013 at New York’s Leila Heller Gallery. As an updated version of the original show in 1984, the current exhibition features nearly fifty artists from the Middle East, North Africa, Europe, and North America. The article below also contains segments of an interview with French-Tunisian street artist eL Seed.


The interplay between word and image– of language and visual representation– has become complexly intertwined in the cultural productions of contemporary societies. The art gallery combines text and image; most installations are accompanied by a placard revealing information about the piece such as the name of the artist, the materials used, as well as the name of the work and when it was created. Here, the word becomes a conveyor of meaning, which elucidates the content of the visual material. The textual is treated just as an instrument in the service of the visual. However, in the cases of calligraphy and graffiti– two separate but undeniably related art forms– text itself is the object of beauty. The word merges with the image itself and the dichotomy between the two is nullified; no one can say when the letters end and the image begins, or vice versa.

This synthesis of linguistic signs and visual representation is explored by New York’s Leila Heller Gallery in their new exhibition entitled “Calligraffitti: 1984-2013.” The show features a substantial collection of text-based visual art created by artists such as eL Seed, Parviz Tanavoli, Hassan Massoudy, Hossein Zenderoudi, Shirin Neshat, and many more. The show’s titular portmanteau points to another unification: that between graffiti and calligraphy. With the majority of the featured artists originating from the Arab world and Iran, the allusion to the regions’ traditional calligraphic practice is prominently displayed. The influence of early Islamicate styles such as floriated Kufic and Nasta’liq’s siah mashq are clearly visible in the innovative works.

What Nicholas Kristof gets wrong about public intellectuals

    Wednesday, February 19, 2014   No comments
In the not so distant past, Politico reporter Dylan Byers engaged into a rather public spat with The Atlantic’s Ta-Nehisi Coates’ contention that Melissa Harris-Perry is “America’s most foremost public intellectual.” Byers offered a list of intellectuals to counter Coates’ claim made up entirely of white men and a singular (deceased) white woman, provoking yet another proper sonning from the Twitterverse. It was telling that Byers couldn’t imagine or embrace the idea that an African-American woman could be a public intellectual. His default model returned to white and male.

A similar myopia resurfaced this past Sunday in a NYT column penned by Nicholas Kristof bemoaning the “absence” of academics in the public square.

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Syria conflict and reconciliation: Enemies cross the front lines in Damascus. But will the truce hold?

    Wednesday, February 19, 2014   No comments
Trading laughter instead of bullets
It is a surprising sight but one that may become more common in Damascus. Under the terms of a local ceasefire in the outlying district of Babbila in the south of the capital, armed members of the rebel Free Syrian Army mingle with Syrian soldiers and appear on friendly terms. The images show fighters from both sides talking and joking together.

Residents of the neighbourhood were said to be “overjoyed” by the truce. According to the AFP news agency, a group began chanting: “One, one, one! The Syrian people are one!”

The inside of the district, long under siege and bombarded by the army, will be policed by the FSA. Inhabitants who appear on the streets look overjoyed that for the moment the danger is over.

The terms of the truce in Babbila, assuming it is similar to that negotiated in other former rebel strongholds like Barzeh and Muadamiyat, provide for the FSA to hand over heavy weapons, but its fighters will stay in Babbila or can join the army. There will be a mixed FSA/army checkpoint at the entrance to Babbila and the army will not enter the district where the FSA will retain some of its positions in case the truce is broken. The government guarantees a rebuilding programme.


Tuesday, February 18, 2014

The Reason Behind All Wars Is Egoism

    Tuesday, February 18, 2014   No comments
American academic and peace advocate Prof. Michael Nagler believes that non-violent activism is the best means to challenge the hegemonic powers and hold responsible those who commit acts of violence against the defenseless civilians or restrict their personal freedoms.

According to Prof. Michael Nagler, the Occupy Wall Street movement was a popular uprising against the greediness and materialism of the influential 1 percent that controls and runs the media, multinational corporations and interest groups.


Regarding the future of the peaceful, non-violent movements in the United States and other parts of the world, Prof. Nagler said, “I can’t predict what will actually happen, but I can predict with certainty that to the extent these movements learn and practice nonviolence in the right spirit, they will succeed to exactly that extent. And I can say with equal certainty that there is no other way. Governments that recognize this reality and have the courage and dignity to respond to such nonviolent movements will save themselves and the rest of the world enormous suffering.”

Prof. Michael N. Nagler is a prominent American peace activist and a Professor Emeritus at University of California, Berkeley. Since 2008, he has served as the co-chair of the Peace and Justice Studies Association. Currently, he is the president of the Metta Center for Nonviolence Education, a public organization which is dedicated to raising public awareness of nonviolence and keeping activists informed. Nagler is a proponent of the Indian independence leader Mahatma Gandhi and has won the 2007 Jamnalal Bajaj International Award for Promoting Gandhian Values Outside India. Nagler is the author of 2001 book “The Search For A Nonviolent Future.”

Fars News Agency had the opportunity to conduct an exclusive interview with Prof. Nagler regarding the importance of nonviolence and peaceful resistance, the Occupy Wall Street movement as one of the significant nonviolent endeavors of the recent years in the United States and the military expeditions of the Western powers in the Middle East. What follows is the text of the interview.

Q: Why do you think the Occupy Wall Street movement emerged and turned from a nationwide protest against the economic policies of the administration into a movement that challenged the different aspects of the US governance, including its foreign policy and military expeditions in the Middle East?

Monday, February 17, 2014

The role of academics and public debates

    Monday, February 17, 2014   No comments
By As'ad AbuKhalil

Nicholas Kristof of the New York Times wrote an article for the New York Times in which he implored academics to play a bigger role in public life and debates. Kristof is right about that although I disagree with all his other diagnoses and prescriptions. It is remarkable that academics in the US have no connection or interactions with the public at large. In fact, academics are increasingly trained and socialized to disdain communication and interaction with the masses. Academics pride themselves on perfecting academic jargon to such a degree that style and form become more important than substance. There are social science fields that are more guilty than others: political science maybe the worst as the the field becomes more and more quantitative and the illusion of “science” in politics (something that Hannah Arendt frowned upon) has led to borrowing theories and paradigms from economics to attain more academic respectability.

Academia is now more detached and conservative than ever. Academics in previous decades were able to speak to one another and also to the public at large. C.Wright Mills wrote for the academic field in which he was a part of at Columbia while being able to provide the public with powerful tools to understand the American political system away from the assumptions and presuppositions of the government and its extensions in the various establishments of public life. One can’t think of another example like Herbert Marcuse when his book, One Dimensional Man, electrified youths around the world. Today, academics rise in their ability to speak to the government and to appease the government. Academics who argued that George W. Bush was doing a great job in Iraq all along—like Fouad Ajami and Kenaan Makiyya (although the latter is not an academic despite being rewarded with an academic chair for his political stances that were in synch with American Zionists)—received wide platforms to speak to the public at large but not to challenge or stimulate. They spoke to the public to serve the propaganda cause of a sitting president. Similarly, Robert Putnam (with his Bowling Alone—the article than the book) received tremendous attention and receptivity in government circles.


Sunday, February 16, 2014

Gradual reforms fail in Morocco

    Sunday, February 16, 2014   No comments
by Nagham Assaad 
 
Morocco was not immune to the popular movement witnessed in the Arab region following the outbreak of the Tunisian revolution in December 2010. At this time three years ago, the February 20 Movement was leading mass demonstrations in various cities in Morocco. During these demonstrations, they raised slogans that varied between constitutional, political, social and economic priorities.

In an attempt to protect his throne from the winds of what has become known as the "Arab Spring," King Mohammed VI pre-empted any attempt at a revolution. Thus, he gave a now famous speech on March 9, 2011, a month after the start of the popular movement, in which he put in place an agenda for reform, including the adoption of constitutional amendments.

Yet, three years after the start of the popular movement, it seems that the idea of "gradual reform" has fallen, and perhaps this is why the February 20 movement has intensified its work to restore its spirit.

The issue of reform was not something new to Moroccan society, and it was not the product of the popular movement in February 2011. The wave of change was present between late 2009 and early 2010, which constituted a period of resentment at the popular level. This was not because of rampant corruption and the supremacy of the "Makhzen" (the ruling elite) alone, but also because 2009 was the year of the 10-year evaluation of the king coming to power. This evaluation was shocking, given the hopes that were pinned on the political will of the new king in the process of building democracy.

Thus, the discussions that followed the Feb. 20 protests in 2011, and the previous changes in other Arab countries, had strongly pushed the issue of reform to the forefront and contributed to raising the ceiling of demands and accelerating the pace of the popular movement.

The "famous" speech

The constitutional amendments of 2011, which were put to a popular referendum, would not have been done at the same speed or with the same formula had it not been for regional conditions and the popular movement that began with the emergence of the February 20 movement.

Mohammed VI was able to absorb the anger of the street through the "proactive reform model," in which he announced significant reforms and gave people hope through the use of resonating words such as change, democracy, reform, institutions and accountability. The approved constitutional amendments led to early legislative elections on Nov. 25, 2011. These elections resulted in a big win for the Islamic Justice and Development Party, which presided over a new coalition government.

Despite the above, the regime later demonstrated that it would not stop its traditional authoritarian practices in terms of dealing with both the press and the demonstrations, which continued strongly in almost all major cities of Morocco. The peak of these demonstrations occurred on the "National Day of Protest" in April 2011, when more than 800,000 Moroccans demonstrated in 106 cities and villages. This was in addition to demonstrations in 10 European and US cities, according to statistics from the National Council to Support the February 20 movement.

Hovering

Do the new constitutional reforms in Morocco represent a real change, or are they just "hovering" in the same place?

The former director of the Middle East Program at the Carnegie Institute, British researcher Marina Ottaway, confirms that the constitution that was drafted "falls into the category of constitutions granted to the nation by the king, rather than those crafted by a representative organization embodying popular sovereignty." This is because it was drafted by a commission of experts appointed by the king, rather than an elected constituent assembly or another representative body.

Ottaway, however, stressed that the constitution "undoubtedly broadens the power of parliament, allowing it to pass laws on most issues; it takes steps toward protecting the independence of the judiciary; and it increases the role of a number of independent commissions."

Yet she also noted, "What it fails to do clearly and unequivocally is reduce the power of the king." On the contrary, "the new constitution reserves for the king three areas as his exclusive domain: religion, security issues and strategic major policy choices. In addition, the king will remain the supreme arbiter among political forces. Under those rubrics, the king could very well control all important decisions, if he so chooses."

The royal palace regains its iron fist

On July 1, 2011, a referendum was held on the new Moroccan constitution, amid calls by the February 20 movement for a boycott, claiming that it enhances the absolute rule [of the king] and would not eliminate corruption. Nevertheless, the constitution passed with 98% of the vote.

Moroccan researcher Said Salmi said that the referendum "was disappointing. The state did not stand on the sidelines, and the king called on the people to vote 'yes.' He also gave orders to imams of mosques to dedicate a sermon to calling on the people to vote in favor of the constitution. Chapters of the constitution were changed the night before the referendum, and the king committed violations multiple times."

Shortly after the referendum, on Nov. 25, 2011, legislative elections were held in Morocco. The Justice and Development Party, which gives priority to Islamic reference in its work, won a large number of seats, enabling it to lead the government — headed by Abdelilah Benkirane — and receive 12 ministerial portfolios.

However, according to Salmi, the Benkirane government "quickly succumbed to corrupt lobbies and, instead of confrontation, preferred to take the easier route, adopting a demagogic populist rhetoric." He noted, "Under these circumstances, the royal palace regained its iron fist over all institutions."

Given that the Benkirane government had adopted a policy of "a deaf ear toward suggestions, solutions and alternatives," the Istiqlal Party withdrew from the government and moved to the ranks of the opposition. They considered the government to be "the worst in the history of modern Morocco," especially given that Morocco dropped three places in the rankings released by Transparency International in the field of fighting bribery.

"Pleasure marriage" between "Islamists" and "liberals"

The Benkirane government was appointed to a second term in 2013, following an alliance that observers described as a "pleasure marriage" between the Islamic Justice and Development Party and the National Rally of Independents, which is close to the authorities. During the Benkirane government's monthly accountability meeting on Jan. 4, there was a storm of accusations and counteraccusations between the government and opposition parties. Benkirane accused members of the Istiqlal Party, which had resigned from the government, of smuggling large sums of money out of Morocco.

In a precedent, the secretary-general of the Istiqlal Party, Hamid Chabat, announced that his party had decided to file a lawsuit against the head of the government, with the aim of [making the judiciary] reconsider the [Justice and Development] Party and its leaders. Chabat stressed that the goal of the lawsuit was to push Benkirane to act as a "real" head of state in the future.

Chabat stressed that the leaderships of the Istiqlal and Socialist Union parties are thinking about filing a lawsuit against anyone who mixes politics with Islamic preaching. He called on the Justice and Development Party to abandon its links to the Unity and Reform movement, and said that if it does not do this the state must dissolve the party, given its links to one of the Muslim Brotherhood's international associations.

Heavy criticism … and Benkirane acknowledges inability

In late 2013, King Mohammed VI strongly criticized the Benkirane government's management, holding it responsible for the decline in the reform of the education sector. The leader of the opposition Socialist Union of Popular Forces Party, Driss Lachgar, criticized the performance of the Moroccan government nearly two years after its formation, calling on it to open an investigation into the money smuggling and corruption cases.

On Jan. 12, activists from the Amazigh Youda movement organized the largest march in the movement's history, condemning the policy of procrastination that the state has been using in dealing with Amazigh demands. The movement also called for trying those involved in cases of corruption, abuse of power and looting of public money, as well as for enabling all citizens to have access to social services and improving these services. Moreover, activists said that [the government] should ensure a decent life for citizens by reducing the cost of living and increasing the minimum wage.

This is only the tip of the iceberg of the movements, which pushed Benkirane to acknowledge — albeit belatedly — the [government's] inability to address rampant bribery and corruption, blaming unnamed parties "that defend some corrupt people affiliated with them."

The dynamism of Feb. 20

In the midst of these developments and transformations, the February 20 movement had lost its vitality and entered into a phase of "intensive care," waiting for the announcement of its final death, as some researchers noted. But that did not prevent observers from stressing that the reform process initiated by Morocco was thanks to this bold protest movement.

Hamza Mahfouz, a February 20 activist, told As-Safir that what Morocco witnessed was a "popular uprising" and it will continue as long as the demands raised by the movement have not been achieved. He added the movement will continue to protest "despite the violent attacks it has been subjected to from official authorities, and despite the fall of 11 martyrs and the arrest of 58 members."

"Some Moroccans have hesitated in supporting the movement — affected by the bloody events that occurred in Libya, Yemen and Syria — and some supported the reforms that were offered, for fear of slipping toward a democratic transition through violence. But, if we look at the dynamism of the movement, there is no doubt that the February 20 movement is still strongly active in the various events happening in Morocco, both on the political and cultural levels. And the movement is still capable of being prepared in certain moments," he added.

Mahfouz concludes by saying, "On February 20, the third anniversary of the establishment of the movement, every city will take action in a way it deems appropriate. Many cities have decided to hold marches to revive demands and remind [the people] that the solution to most of Morocco's problems is a true democracy and the re-adoption of the constituent movement."
________

Wednesday, February 12, 2014

How Iowa Flattened Literature: With CIA help, writers were enlisted to battle both Communism and eggheaded abstraction. The damage to writing lingers

    Wednesday, February 12, 2014   No comments
By Eric Bennett
Did the CIA fund creative writing in America? The idea seems like the invention of a creative writer. Yet once upon a time (1967, to be exact), Paul Engle, director of the Iowa Writers’ Workshop, received money from the Farfield Foundation to support international writing at the University of Iowa. The Farfield Foundation was not really a foundation; it was a CIA front that supported cultural operations, mostly in Europe, through an organization called the Congress for Cultural Freedom.


Seven years earlier, Engle had approached the Rockefeller Foundation with big fears and grand plans. "I trust you have seen the recent announcement that the Soviet Union is founding a University at Moscow for students coming from outside the country," he wrote. This could mean only that "thousands of young people of intelligence, many of whom could never get University training in their own countries, will receive education … along with the expected ideological indoctrination." Engle denounced rounding up students in "one easily supervised place" as a "typical Soviet tactic." He believed that the United States must "compete with that, hard and by long time planning"—by, well, rounding up foreign students in an easily supervised place called Iowa City. Through the University of Iowa, Engle received $10,000 to travel in Asia and Europe to recruit young writers—left-leaning intellectuals—to send to the United States on fellowship.

The Iowa Writers’ Workshop emerged in the 1930s and powerfully influenced the creative-writing programs that followed. More than half of the second-wave programs, about 50 of which appeared by 1970, were founded by Iowa graduates. Third- and fourth- and fifth-wave programs, also Iowa scions, have kept coming ever since. So the conventional wisdom that Iowa kicked off the boom in M.F.A. programs is true enough.

But it’s also an accepted part of the story that creative-writing programs arose spontaneously: Creative writing was an idea whose time had come. Writers wanted jobs, and students wanted fun classes. In the 1960s, with Soviet satellites orbiting, American baby boomers matriculating, and federal dollars flooding into higher education, colleges and universities marveled at Iowa’s success and followed its lead. To judge by the bellwether, creative-writing programs worked. Iowa looked great: Famous writers taught there, graduated from there, gave readings there, and drank, philandered, and enriched themselves and others there.

Yet what drew writers to Iowa was not the innate splendor of a spontaneously good idea. What drew writers to Iowa is what draws writers anywhere: money and hype, which tend to be less spontaneous than ideas.

So where did the money and the hype come from?

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