Islamic Law and Human Rights

By Moataz El Fegiery 

The debate on Islam and human rights is old and ongoing. It has received a considerable attention from both Muslim and non-Muslims scholars (Baderin2007:1). Muslim states have ratified numerous international human rights instruments and they have actively taken part in the activities of the international and regional human rights mechanisms (Baderin2008:626). The universal validity of human rights has become increasingly acceptable by Muslim states. However, the scope and content of certain rights have been significantly contested by the majority of these states (Baderin and Ssenyonjo2010, 21). Previous research in this area has shown that the thorny issues for Muslim states in relation to international human rights are women rights, religious freedom, religious minorities and the application of Islamic corporal punishments (Modirzadeh2006:201). Nonetheless, there is no monolithic Islamic position towards international human rights among either Muslim states or Muslim scholars who have demonstrated diverse practices and views towards the compatibility between Islamic law[1] and human rights (Baderin2007; Bielefeldt1995).

The Finnish Institute of International Affairs » Report » Hard choices:

The Finnish Institute of International Affairs » Report » Hard choices:

معتز الفجيري يكتب: العدالة والحقيقة والمصالحة طريق مصر للديمقراطية

معتز الفجيري يكتب: العدالة والحقيقة والمصالحة طريق مصر للديمقراطية

Egypt: The Continuity of Authoritarian Politics

By Moataz El Fegiery

This paper discusses the horizon of democracy and human rights in Egypt in light of the coming parliamentary and presidential elections. It starts by analyzing the current political landscape. It then highlights the main limitations before political and civil activism in Egypt and finally, presents a short analysis for the European Union’s engagement in domestic politics in Egypt. The paper argues that although Egypt has experienced a vibrant political and civil activism over the last two years around the demand of political and constitutional reform, the ruling political elite has not yet become under significant internal or external pressure that can lead to a paradigm shift from the Egyptian traditional authoritarian politics to a more open and democratic political system. 

Can Contemporary Muslims Reconcile Between Their Religion and Universal Human Rights?

By Moataz El Fegiery
Scholars who advocated the reconciliatory approach between Islam and human rights have applied several methods to reach this end. Under this approach, Muslims are not obliged to apply the body of the traditional jurisprudence and the juristic reasoning (Ijtihad) should be allowed. A group of those scholars suggested drastic reform of the legal methods used by the traditional jurists in order to evolve Islamic public law and solve the contemporary tensions between this law and the universal human rights principles. They propagate a contextual interpretation of the Quaran and Sunna in light of time and place.

هل ستحسن آلية الاستعراض الدوري الشامل من تدني حالة حقوق الإنسان في مصر؟

معتز الفجيري

في غياب أي نظام فعَّال أو حوافز ملموسة أو متابعة جادة من جانب مجلس حقوق الإنسان بالأمم المتحدة مع الدول التي خضعت لآلية الاستعراض الدوري الشامل، فإن نجاح عملية الاستعراض الدوري الشامل لملف مصر مرهون في الواقع بمستوى الالتزام العملي للسلطات الحكومية في تنفيذ التوصيات الناتجة عن العملية، وبمدى توافر الإرادة السياسية الحقيقية لدى الحكومة لتتعاطى مع هذه التوصيات بشكل جاد، وعلى أساس من الشفافية، ووفقًا لجدول زمني قابل للقياس والتنفيذ

EU Approach to Security and Human Rights in the Mediterranean Region

 Moataz El Fegiery

The European Neighborhood Policy (ENP) was perceived as a way to overcome the shortcomings of the previous EU policies towards the Mediterranean region. However, it has not represented a breakthrough from the old EU polices in the region. It has reflected continuity rather than novelty in terms of EU relations with its neighbors. It lacks the attractive incentives which are powerful enough to speed reforms and change in the targeted states.

The Effectiveness of Arab Human Rights Commissions

By Moataz El Fegiery

What United Nations literature calls national human rights institutions (NHRIs) have emerged in recent years in the Arab world . A few of them - for example in Morocco and Palestine - have attained some autonomy in confronting governments. Most Arab NHRIs, however, have been unable to garner legitimacy in their society because....

Egypt: Will Democracy Succeed the Pharaoh?

Stephen McInerney and Moataz El Fegiery

Read this chapter from the Diplomats Handbook

http://www.diplomatshandbook.org/pdf/Handbook_Egypt.pdf 

Old and Modern Conception of Liberty and Constitutionalism

Moataz El Fegiery

The struggle for liberty across history and within the Western context associated with the development of constitutionalism. The history of constitutionalism clarifies the different perception of liberty adopted by ancient and modern European societies. As Benjamin constant illustrated in his seminal article”the Liberty of Ancients Compared with that of Moderns” the ancient liberty was more connected to the citizen direct participation in the public and political affairs. However, the modern liberty was more attached to the individual liberty and choice. Consequently, the ancient and modern conception of constitutionalism reflected this understanding of liberty.

A Critical Approach to International Human Rights

Moataz El Fegiery

David Kennedy and Peter Rosenblum have introduced an alternative way of thinking about human rights by applying critical methods to underline some debatable questions about international human rights. Both of them are prominent scholars in the field of critical legal studies. Throughout history, the human rights movement has achieved remarkable achievements for the sake of humanity and victims all over the world. However, the two scholars have referred to numerous shortcomings that need to be critically addressed. In this article, I argue that the international political community has played the most critical role in distorting the international human rights system by weakening the international enforcement of human rights, adopting inconsistent and selective polices towards human rights, and employing human rights slogans in international politics. Moreover, human rights movement is responsible for overemphasizing on rights more than other concepts like duties and responsibility, and underestimating the local socio cultural contexts of the application of international human rights norms. On the other hand, it is not persuasive for me what has been stated by Kennedy that human right has "occupie[d] the field of emnacipatory possibility."

The United Nations Human Rights System:Reflections on the Special Procedures

Moataz El Fegiery

The UN's human rights system has remarkably evolved since 1945. The human rights commission was busy in the first two decades in setting the standards of human rights. Then, gradually the Commission has established a variety of mechanisms that enabled member states to deal with many human rights issues worldwide. The special procedures have enriched the system by providing more opportunities for NGOs and individuals to interact with the UN's human rights system and communicate their human rights concerns. Currently, there are thirty thematic procedures covering diverse human rights issues. Addition to other eight mandates holders who are concerned with specific countries.

Universal Jurisdiction and Diplomatic Immunities

Moataz El Fegiery

Human rights community has celebrated the fact that many states all over the world have adopted the universal jurisdiction to prosecute the suspected perpetrators of heinous crimes such as genocide, crimes against humanity, war crimes, and torture. It has been argued that the application of universal jurisdiction is a step to combat impunity and deter perpetrators. It also complements the shortcomings of international criminal tribunals, such as the International Criminal Court (ICC) which have not been able to investigate and prosecute crimes consistently due to the limitations of their mandates and the complications of international politics. However, the application of universal jurisdiction usually gives rise to the issue of diplomatic immunities since many of the cases that have been brought before national courts are instituted before senior political or military leaders who are in power and enjoy certain level of diplomatic immunity which varies from state to another.

Europe and Human Rights in Egypt:Three Years After the Adoption of the ENP's Action Plan

The European Parliament
Hearing Session
10 May 2010

 By Moataz El Fegiery

On behalf of Cairo Institute for Human Rights Studies and the Euro-Mediterranean Human Rights Network I’d like to thank you a lot for this invitation to share with you our analysis and concerns for human rights situation in Egypt. We actually live in a very controversial political moment in Egypt. There has been increasing political and social unrest against the current political regime which its legitimacy has remarkably declined. Social frustration and disappointment have become daily facts of millions of Egyptians. In the same time, the government maintains its crackdown on all possibilities of political participation.

The Republic of Fear: The State of Emergency in Egypt

By Moataz El Fegiery

The application of state of emergency in Egypt infringes Article 4 of the ICCPR, and it has unjustifiably suspended a set of fundamental rights. The state of emergency has been applied in Egypt continuously since 1981 until it has become a permanent situation in which there are many fundamental rights are suspended particularly the right of fair trail and the right of personal freedom and safety....

Humanitarian Intervention and International Justice as Controversial Topics in International Law

Moataz El Fegiery

Traditionally, international law was regarded as a set of rules developed by states to organize the relations among states. The principles of sovereignty and non intervention on the internal affairs of states were the main principles ruling international law and international relations. This perspective has remarkably changed over the last three decades, when the concepts of humanitarian intervention and international justice have enormously emerged in the international plane.

Obama in Cairo: dare more democracy

Moataz El Fegiery and Kristina Kausch

The Bush approach to Egypt in the mid 2000s was certainly no panacea. Massive financial and military aid continued to flow alongside it, while not all the pro democracy pushes worked. But it did have elements that were beginning to bear fruit. Obama’s new approach may ingratiate him with Arab regimes, but will do little to incite sustainable change in a region when dictators still get what they want, without having to make any concessions.

Sudan: The tragedy of Darfur - double standards being applied

Why is it that - in contrast to the attention given to the Middle East conflicts - Arab media and politicians are largely ignoring events in Darfur? Moataz El Fegiery and Ridwan Ziyada look for answers. This article was first published by al-Hayat. Moataz El Fegiery is Programs Director of the "Cairo Institute for Human Rights Studies". Ridwan Ziyada is director of the "Damascus Centre for Human Rights Studies".

http://jeffweintraub.blogspot.com/2007/02/arab-public-opinion-mass-murder-in.html

العدالة الانتقالية مدخل لإعادة تأسيس شرعية الدولة العربية

رضوان زيادة ومعتز الفجيري- جريدة الحياة 16 سبتمبر 2007

تشير العدالة الانتقالية إلى حقلٍ من النشاط أو التحقيق يركز على المجتمعات التي تمتلك إرثاً كبيراً من انتهاكات حقوق الإنسان والإبادة الجماعية، أو أشكال أخرى من الانتهاكات تشمل الجرائم ضد الإنسانية، أو الحرب الأهلية، وذلك من أجل بناء مجتمع أكثر ديموقراطية لمستقبل آمن. يمكن إدراك هذا المفهوم من خلال عدد من المصطلحات التي تدخل ضمنه مثل إعادة البناء الاجتماعي، المصالحة الوطنية، تأسيس لجان الحقيقة، تعويض الضحايا، وإصلاح مؤسسات الدولة العامة، مثل الشرطة وقوى الأمن والجيش، التي غالباً ما ترتبط بها الشبهات أثناء النزاعات الأهلية الداخلية المسلحة   

Arab States: How Criticizing the Government Becomes Illegal

By Moataz El Fegiery

Unwilling to remain on the sidelines in the reform debate that the region has witnessed for the past two years, Arab governments have asserted themselves against civil society activists and reformists, creating a significant rise in the numbers of Arab prisoners of conscience. The return of security issues to the fore once again in the politics of the Middle East, as well as the softening of calls by the international community for freedom and reform, have encouraged Arab regimes in such actions....