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Muslim scholar: Human rights policy needs to focus on religious scholars, not just activists

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A prominent Muslim scholar has warned that the West’s failure to include the incarceration in Saudi Arabia and elsewhere in the Muslim world of pro-democracy religious scholars risks perpetuating autocratic rule.

“The world manufactures the condition that it condemns. We don’t rise up to condemn the persecution of Muslim democrats when it occurs, and we don’t go out of our way to protect Muslim democrats. In fact, there is a deeply embedded hypocrisy when it comes to the Muslim world,” said Khaled Abou el Fadel, a Kuwait-born University of California Los Angeles (UCLA) Islamic law professor and human rights activist.

Mr. Abou el Fadel was speaking at a virtual conference, organized by the Washington-based Arab Center for Law and Research to focus attention on Sheikh Salman al Oudeh, a popular but controversial religious scholar, who is one of several religious figures incarcerated since 2017 on terrorism-related charges. Saudi prosecutors have demanded the death sentence for Mr. Al-Oudeh.

The conference was held days after prominent Saudi women’s rights activist Loujain al-Hathloul was released after more than three years in prison as part of the kingdom’s effort to blunt criticism from the Biden administration that has pledged to make human rights a central plank of its foreign policy.

Mr. Al-Oudeh was detained after he called in a tweet to his millions of followers for reconciliation with Qatar in the wake of the economic and diplomatic boycott imposed by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt on the Gulf state.

A long-standing Islamist proponent of reform in Saudi Arabia with an affinity for the Muslim Brotherhood, Mr. Al-Oudeh has been in and out of prison as his thinking evolved from a degree of support for jihadism against foreign occupation to becoming a key figure in the government’s efforts to rehabilitate militants and steer youth away from militancy.

In the wake of the 2011 popular Arab revolts that toppled the leaders of Tunisia, Egypt, Libya and Yemen, Mr. Al Oudeh became a proponent of peaceful revolution to achieve social and political change, the importance of civil society, humanist interpretations of Islam, contextualization of Islamic law, rejection of theocracy, pluralism as opposed to sectarianism, minority rights, and democracy.

He laid out his thinking that was grounded in Islamic tradition in a book, Aislat al-Thawra  (Questions of Revolution), that was immediately banned in Saudi Arabia. Mr. Al-Oudeh was initially barred from leaving the kingdom and delivering sermons in mosques while his popular television program was shut down.

Critics charged that Mr. Al-Oudeh’s thinking represented a fusion of Western principles with his Salafist background rather than a break with the ultra-conservative school of thought. They also asserted that the scholar vacillated between silence and reconciliation on issues of gender and minorities such as Shiites.

Mr. Abou el Fadel, who has rejected repeated Saudi attempts to co-opt him, positioned the importance of thinkers like Mr. Al-Oudeh and the need to include them in Western support of human rights in Saudi Arabia and elsewhere in the Middle East in the context of a sustained autocratic campaign to suppress any call for political change that is rooted in Islamic theology.

“There is a well-orchestrated, systematic assault against all forms of theological thinking in Islam that is supportive of reconciling Islamic theology and ethics with democratic governance, accountability in governance, limited power in governance, rule of law in governance, and a system of rights… The only democracy that can survive in the Islamic world is a democracy that reconciles itself with Islamic values. The idea that a democracy that is antithetical to Islamic values has no future in the Muslim world,” Mr. Abou el Fadel said.

“Those that rule countries like Egypt, Saudi Arabia, Bahrain and the Emirates know that very well. And that is why…they are targeting the ideological thrust of democracy itself. We must recognize that the idea of political despotism as an unethical enterprise is well supported in the Islamic tradition… But it was always recognized as a rather unideal situation, an ethical failure that can be tolerated, but an ethical failure nonetheless,” he went on to say.

Targeting Middle Eastern projections of a ‘moderate’ Islam that propagates absolute obedience to the ruler, rejects political change, and endorses authoritarian, if not autocratic rule, Mr. Abou el Fadel argued that “there is no way to reconcile between despotism and monotheism and tawhid (the oneness of God). The very notion of tawhid, the very notion of being a Muslim and submitting to God means that you cannot submit to a mundane ruler absolutely and totally. No mundane ruler has a moral claim to represent the rule of God.”

“It is why the persecution of Salman al Oudeh must end. It is a blotch on the conscience of the world. The world of human rights, the world of democratic advocacy will remain in a perpetual state of hypocrisy as long as people like Salman al Oudeh remain in prison and confront a very dark future,” Mr. Abou el Fadel said.

By implication, Mr. Abou el Fadl was arguing that Western governments and activists were doing themselves a disservice by not putting equal emphasis on getting secular civil society activists and religious dissidents sprung from jail.

To be fair, human rights groups like Human Rights Watch, Amnesty International, ALQST, and Democracy in the Arab World Now (DAWN) have highlighted the plight of Mr. Al-Oudeh and other religious figures. Mr. Abou el Fadel serves on an advisory board of Human Rights Watch.

Founded by murdered Saudi journalist Jamal Khashoggi, DAWN counts Mr. Al-Oudeh’s son, Abdullah Aloudh, a Washington-based scholar, among its senior executives.

While Western governments, including the Biden administration, have largely remained silent, analysts and activists appear at times to diverge on what the emphasis of human rights pressure on Saudi Arabia should be.

Saudi Arabia scholar Madawi al-Rasheed recently took issue with a suggestion by Bruce Riedel, a Brookings Institution scholar, former CIA official and ex-advisor on South Asia and the Middle East to several US presidents, to focus in the wake of the release of Ms. Al-Hathloul on the plight of former Saudi crown prince and interior minister Mohammed bin Nayef.

Prince Mohammed, a US darling widely viewed as a potential threat to Crown Prince Mohammed bin Salman, was arrested a year ago on charges of treason and has been held incommunicado since.

“Bruce Riedel forgets the abysmal human rights record of MBN who consolidated the Saudi police state that MBS came to benefit from. Instead of calling for putting him on trial, he wants him free,” Ms. Al-Rasheed tweeted. She was referring to the two Saudi princes by their initials.

In a separate tweet, Ms. Al-Rashid added: “No piecemeal progress on the plight of prisoners of conscience – all prisoners of conscience mean all prisoners.”

Dr. James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the University of Würzburg’s Institute for Fan Culture, and the author of The Turbulent World of Middle East Soccer blog, a book with the same title, Comparative Political Transitions between Southeast Asia and the Middle East and North Africa, co-authored with Dr. Teresita Cruz-Del Rosario and three forthcoming books, Shifting Sands, Essays on Sports and Politics in the Middle East and North Africaas well as Creating Frankenstein: The Saudi Export of Ultra-conservatism and China and the Middle East: Venturing into the Maelstrom.

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Ukraine crisis could produce an unexpected winner: Iran

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 Iran potentially could emerge as an unintended winner in the escalating crisis over Ukraine. That is, if Russian troops cross the Ukrainian border and talks in Vienna to revive the 2015 Iranian nuclear agreement fail.

An imposition of tough US and European sanctions in response to any Russian incursion in Ukraine could likely make Russia more inclined to ignore the fallout of violating US sanctions n its dealings with Iran.

By the same token, a failure of the talks between Iran and the United States, Russia, China, the European Union, France, Germany, and Britain to revive the accord that curbed the Islamic republic’s nuclear program would drive Iran closer to Russia and China in its effort to offset crippling US sanctions.

US and European officials have warned that time is running out on the possibility of reviving the agreement from which the United States under then-President Donald J. Trump withdrew in 2018.

The officials said Iran was weeks away from acquiring the know-how and capability to produce enough nuclear fuel for a bomb quickly. That, officials suggested, would mean that a new agreement would have to be negotiated, something Iran has rejected.

No doubt, that was in the back of the minds of Russian and Iranian leaders when they met last week during a visit to Moscow by Iran’s president, Ebrahim Raisi. It was the first meeting between the leaders of Russia and Iran in five years.

To be sure, the road to increased Russian trade, energy cooperation, and military sales would open with harsh newly imposed US sanctions against Russia even if restrictions on Iran would remain in place.

That does not mean that the road would be obstacle-free. Mr. Putin would still have to balance relations with Iran with Russia’s ties to Saudi Arabia and the United Arab Emirates. 

If anything, Russia’s balancing act, like that of China, has become more complicated without the Ukraine and Vienna variables as Iranian-backed Houthis expand the seven-year-long Yemen war with drone and missile strikes against targets in the UAE.

The Houthis struck as the Russian, Chinese and Iranian navies started their third joint exercises since 2019 in the northern Indian Ocean. The two events were not related.

“The purpose of this drill is to strengthen security and its foundations in the region, and to expand multilateral cooperation between the three countries to jointly support world peace, maritime security and create a maritime community with a common future,” Iranian Rear Admiral Mostafa Tajoldini told state tv.

US dithering over its commitments to security in the Gulf has persuaded Gulf states like Saudi Arabia and the UAE to hedge their bets and diversify the nature of their relations with major external powers.

However, a Russia and potentially a China that no longer are worried about the fallout of violating US sanctions against Iran could put Riyadh and Abu Dhabi on notice that the two US rivals may not be more reliable or committed to ensuring security in the Gulf. So far, neither Russia nor China have indicated an interest in stepping into US shoes.

This leaves Saudi Arabia and the UAE with few good choices if Russia feels that US sanctions are no longer an obstacle in its dealings with Iran.

Russia is believed to want the Vienna talks to succeed but at the same time has supported Iranian demands for guarantees that the United States would not walk away from a revived deal like it did in 2018.

Against the backdrop of talk about a proposed 20-year cooperation agreement between the two countries, Russia appears to want to negotiate a free trade agreement between Iran and the Eurasian Economic Union that groups Armenia, Belarus, Kazakhstan, and Kyrgyzstan, alongside Russia.

Iran has signed a similar 25-year cooperation agreement with China that largely remains a statement of intent at best rather than an action plan that is being implemented.

Like in the case of China, the draft agreement with Russia appears to have been an Iranian rather than a Russian initiative. It would demonstrate that Iran is less isolated than the United States would like it to be and that the impact of US sanctions can be softened.

“We have a document on bilateral strategic cooperation, which may determine our future relations for the next 20 years. At any rate, it can explain our prospects,” Mr. Raisi said as he went into his talks with Mr. Putin.

For now, Mr. Raisi’s discussions in Moscow appear to have produced more lofty prospects than concrete deals.

Media speculation that Russia would be willing to sell Iran up to US10 billion in arms, including Su-35 fighter jets and S-400 anti-missile defense systems, appear to have remained just that, speculation. Saudi Arabia and the UAE would view the sale to Iran of such weapons as particularly troublesome.

By the same token, Iranian officials, including Finance Minister Ehsan Khanduzi and Oil Minister Javad Owji, spoke of agreements signed during the Moscow visit that would revive a US$5 billion Russian credit line that has been in the pipeline for years and produce unspecified energy projects.

It’s unclear if these are new projects or ones that have been previously discussed and even agreed to, such as the one Lukoil stopped working on in 2018 after the US pulled out… Lukoil was concerned about being targeted by US sanctions,” said international affairs scholar Mark N. Katz.

Theoretically, the dynamics of the Ukraine crisis and the prospects of failed Vienna talks could mean that a long-term Russian Iranian cooperation agreement could get legs quicker than its Chinese Iranian counterpart.

Negotiating with a Russia heavily sanctioned by the United States and Europe in an escalated crisis in Ukraine could level the playing field as both parties, rather than just Iran, would be hampered by Western punitive measures.

Tehran-based Iranian scholar and political analyst Sadegh Zibakalam suggested that it was time for the regime to retire the 43-year-old Iranian revolution’s slogan of “neither East nor West.” The slogan is commemorated in a plaque at the Foreign Ministry.

Asserting that Iran has long not adhered to the motto, Mr. Zibakalam suggested that the plaque be removed and stored in the basement of a hardline Tehran newspaper. “It has not been used for a long time and should be taken down,” he tweeted.

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Unified Libya will come only via ballot box, ‘not the gun’-UNSC

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A boy runs in the ruins of the Bab al-Aziziyah compound in Tripoli, Libya. © UNICEF/Giovanni Diffidenti

Libya is at a “delicate and fragile juncture in its path to unity and stability”, the UN Political Affairs chief told the Security Council on Monday, urging the international community to remain united in supporting national elections postponed last month. 

In welcoming positive developments across three different tracks of intra-Libyan dialogue, Rosemary A. DiCarlo, Under-Secretary-General for Political and Peacebuilding Affairs, also recognized the challenges that must be overcome.  

“So many Libyans have told us, the way towards a stable and united Libya is through the ballot box, not the gun”, she said. “We must stand with them”. 

Postponed elections 

Growing polarization among political actors, and disputes over key aspects of the electoral process, led to the postponement of long anticipated elections on 24 December.  

The High National Commission for Elections (HNEC) cited shortcomings in the legal framework along with political and security concerns. To address this, the House of Representatives has established a Roadmap Committee to chart a new political path that defines an elections timetable and process. 

New Special Adviser 

Last month, Stephanie Williams was appointed Special Adviser on Libya, having served as acting Special Representative and head of the UN Support Mission, UNSMIL, last year.  

To date, she has undertaken wide-ranging consultations, including with members of the Government of National Unity (GNU), the High National Election Commission, the House of Representatives, and candidates for presidential and parliamentary elections.  

Oil-rich Libya has descended into multiple crises since the overthrow of former rule Muammar Gadaffi in 2011, which in recent years saw the country divided between rival administrations – a UN-recognized Government of National Accord (GNA) based in the capital Tripoli, and that of the self-styled Libyan National Army (LNA), led by General Khalifa Haftar.  

Ms. Williams has reiterated that the focus of the political process now, should remain on holding “free, fair, inclusive and credible national elections” in the shortest possible timeframe. 

“In all her meetings, the Special Adviser highlighted the 2.8 million Libyans who have registered to vote”, said Ms. DiCarlo, adding that she also called on everyone to respect the will of the Libyan people and to adhere to the timeline agreed to in the Libyan Political Dialogue Forum (LPDF) roadmap, which was endorsed by the Security Council

Welcomed developments 

The UN political affairs chief said ongoing dialogue among political, security and economic actors from across the country was key. 

“We have seen reports of consultations between the Speaker of the House of Representatives and the President of the High State Council, as well as among presidential candidates from western and eastern Libya”, she said.  

On the security track, there have been meetings among various armed groups, as well as the Chief of General Staff of the Western Military Forces under the GNU and the acting General Commander of the rival LNA, with the participation of military chiefs and heads of military departments from both sides.  

Turning to the economy, further steps have been taken to reunify the Central Bank of Libya.  

Moreover, renewed efforts continue to advance national reconciliation based on the principles of transitional justice.  

Security situation 

While the ceasefire has continued to hold, “political uncertainty in the run up to the elections has negatively impacted the overall security situation”, the political chief informed the Council, including in Tripoli. 

It has resulted in shifting alliances among armed groups affiliated with certain presidential candidates, she added. 

Similarly, unfulfilled demands made to the GNU by the Petroleum Facilities Guards (PFG) in western Libya resulted in the shutdown of oil production, causing the National Oil Corporation to declare in December, force majeure – a clause that removes liability for natural and unavoidable catastrophes. 

Following negotiations between the PFG and the GNU, Oil production was restored on 9 January. 

To implement the ceasefire agreement, last month military representatives from opposing sides, called the 5+5 Libyan Joint Military Commission (JMC), discussed with Turkish and Russian authorities, an Action Plan to gradually withdrawal mercenaries and foreign fighters from the country.     

At the same time, despite serious logistical and security challenges, the UN Support Mission in Libya (UNSMIL) continued its work to establish a ceasefire monitoring hub in Sirte, pending the GNU’s approval on accommodation and office facilities. 

Human rights concerns 

“The human rights situation in Libya remains very worrying”, said Ms. DiCarlo, noting “documented incidents of elections-related violence and attacks based on political affiliation”, which she described as obstacles toward a conducive environment for free, fair, peaceful and credible elections. 

“We are particularly concerned that women and men working to protect and promote women’s rights continued to be targeted by hate speech, defamation and incitement to violence”, she stated. “Some of the disturbing social media posts that posed a threat to the safety and security of these persons were removed after UNSMIL brought them to the attention of social media platforms”.  

Meanwhile, arbitrary detention by State and non-State actors continued across the country, with many detainees subjected to serious rights abuses. 

Migration management  

The situation of migrants and refugees is also highly concerning.  

“Large numbers of migrants and refugees attempting to cross the Mediterranean Sea and returned to Libya continue to be detained in inhumane and degrading conditions with restricted humanitarian assistance. Thousands are unaccounted for”, the UN official said.  

Ms. DiCarlo pointed out that hundreds of foreign nationals were expelled from Libya’s eastern and southern borders without due process, with some “placed in extremely vulnerable situations across remote stretches of the Sahara Desert without sufficient food, water, safety and medical care”. 

“The United Nations remains ready to work with Libyan authorities on a long-term national response to migration and refugee management in line with international law to include addressing human rights concerns”, she assured. 

Accountability  

To ensure political progress, Elham Saudi, Co-founder and Director of Lawyers for Justice in Libya, said that all who commit abuses must be held accountable, including mercenaries. 

She noted that without law, revenge would be the only winner.  

Ms. Saudi also maintained the importance of an enabling environment for all rights advocates, especially women, and expressed hopes for a human-rights based approach in how Libya is governed, going forward. 

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Embarking on Libya’s Noble Foray Into the Future

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On Saturday the 22nd of January, activists from across the civil society spectrum in Libya gathered over Zoom with one purpose in mind; publicly declaring their support for the 1951 Libyan Independence Constitution. Despite the political turmoil which has engulfed the country since the Arab Spring began in Tunisia in 2011, a strong civil society movement which supports a return to our historical constitution, has always existed in Libya. These supporters, who represent a significant number of Libyans from across the country, see the restoration of the 1951 constitution as the only way to shape their future.

Libya has been through an immeasurable amount of internationally led initiatives, all aimed at providing Libya with long term “solutions”. Only over the course of the past decade, one can count the UN-brokered Skhirat agreement in December of 2015, the 2017 Paris meeting, the 2018 Palermo conference alongside Mohammed bin Zayed’s Abu Dhabi gathering in February 2019. Followed by Putin and Erdogan’s joint call for a ceasefire in 2020, alongside the first (2020) and second (2021) Berlin conferences alongside UN-sponsored talks in Geneva, each and every one of these efforts amounted to nothing.

The main reason behind these, perhaps well-intentioned but failed attempts, was the simple fact that none of these efforts had any grounding in Libyan history or the support of the Libyan people. Reaching consensus in a society as heavily divided as that of Libya, is a significant challenge. However, placing our faith in our history will undoubtedly provide us with a solution that is closer to the hearts of citizens of our nation and which has the potential to assist in competing factions finally putting their differences aside.

This was the catalyst of Saturday’s meeting which sought to once and for all provide an authentically Libyan solution to the issues which have been plaguing the country for over a decade. The first of these is the preservation of our territorial integrity which has for too long been challenged by foreign actors. It is high time that a long term resolution for our country’s ills is found that ensures the exclusion of foreign elements from shaping the future of our great land.

The second issue the gathering sought to underscore was the need to build an inclusive future for all members of Libyan society. For far too long, our country has excluded citizens of certain political persuasions, cultural backgrounds or those who hold different opinions. Every Libyan deserves equal opportunities, protection of basic rights alongside access to justice. This has been impossible in a country which for so long has lacked a cohesive national identity.

These two issues are indeed intertwined with the third issue which the conference sought to highlight, namely, our demand to return to constitutional legitimacy under the leadership of our Crown Prince Mohammed El Hasan el Rida el Senussi. As the sole heir to the throne of King Idris, passed down through the late Crown Prince Hassan, Prince Mohammad is the leader our country has yearned for.

With leadership claims grounded in historical fact that cannot be upended by foreign or domestic elements, from an ideological standpoint, Prince Mohammad serves as an anchor, offsetting challenges to stability posed by foreign elements. This is strengthened by his position as  the scion of a family which has been in Libya for centuries and founded the Senoussia movement, briniging with it Islam, to the country. Furthermore, historical memories of the reign of King Idris, which saw religious tolerance, gender equality and security for its citizens, reflects the future which Libyan’s would like to see for themselves today.

Bringing together journalists, academics, human rights defenders and political activists, Saturday’s gathering was indeed revolutionary. It would have been unimaginable that such a gathering would even have taken place a mere decade ago. Representing not only themselves, but a wide range of segments of Libyan society, those attending over Zoom broadcasted a powerful message; a rejection of foreign attempts top shape the future of the country alongside a return to historical, constitutional, legitimacy under the leadership of the only man who can help Libya exit the current quagmire and begin its noble foray into the future.

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