Published by De Gruyter

Volume 3 Issue 1 - Special Issue: Post-September 11th Developments in Human Rights in the Muslim World

August 2006

Issue of Muslim World Journal of Human Rights

Contents
Journal Overview

Article

August 2, 2006

Human Rights in the Post-September 11th Era: Between Hegemony and Emancipation

Shadi Mokhtari

Abstract

The post-September 11th era has presented immense challenges and disappointing setbacks for the advancement of human rights. Yet, the era has also been marked by complexity, paradoxes and ample opportunities for introspection as events expose contemporary human rights' various weaknesses and contradictions. This article provides an overview of the interplay between the human rights concept's various instrumental appropriations and its more autonomous emancipatory capacity manifested in post-September 11th developments. Instead of an exhaustive examination, the article simply poses and juxtaposes different dimensions and layers of the formidable presence of the human rights idea in post-September 11th developments impacting the Middle East. To this end, it places a particular emphasis on human rights' capacity to simultaneously aid, transcend and confront local and international power structures.The article begins with a discussion of the ways in which American hegemony is both bolstered and challenged through human rights discourses after September 11th. It then turns to the Middle Eastern encounter with human rights amidst the American "War on Terror." It is argued that while widespread Middle Eastern consciousness of American appropriations of human rights foster cynicism about the promise and legitimacy of human rights, post-September 11th dynamics have also resulted in greater Middle Eastern engagement with the human rights concept and international human rights norms. In subsequent sections, the article presents a brief outline of the various challenges and openings presented for human rights advocacy in the last few years followed by a discussion of the renewed imperative for a genuine international human rights dialogue. Throughout the article, examples are presented of how pre-existing human rights geographies and hierarchies ascribing relativism to the East and universalism to the West have been unsettled during this period.

August 2, 2006

Comprehending "Our" Violence: Reflections on the Liberal Universalist Tradition, National Identity and the War on Iraq

Cyra A Choudhury

Abstract

This essay presents some preliminary thoughts about the linkages between current human rights universalism and the practice of violence in the form of wars and interventions. I draw three parallels that may help us think about the current wars on terror and in Iraq. The first parallel concerns the progress of liberal universalist thought from the Enlightenment period in which a concern for rights coexisted with the justifications for imperialism. In the current era the succeeding line of universalist thought is that of human rights which similarly coexists with the overt and tacit support for violence that deprives some humans of their lives.The second parallel concerns the use of national identity. In the imperial era, the justification for rights either given or withheld was closely linked to constructions of national identity. Similarly, today there is a resurgence of nationalist discourse in which the construction of U.S. national identity is used to justify the violence that is done against Iraqi citizens. This discourse which constructs the U.S. as ontologically civilized and the Iraqis as barbarians is used to justify the violence that is done to them.Finally, the last parallel concerns violence in general. During imperialism, the scrutiny for acts of violence was borne largely by the native. Because he was constructed as a barbarian, his violence was made far more obvious as further evidence of his lesser development. In the present circumstances, a similar scrutiny is borne by the Iraqi insurgent while the violence of the coalition forces remains veiled beneath euphemisms like collateral damage. The torture scandal at Abu-Ghraib presented an opportunity to reverse the gaze but because of its interpretation as an aberration that falls squarely outside the ``normal" and the failure to widen the debate to other violence, this opportunity was largely lost.These three parallels taken together suggest that the old liberal hegemonic order of imperialism with its conflicting narratives of rights and oppression has been carried forward and sublimated into a human rights regime. And human rights is now deployed to justify violence against ``human rights abusers." Because of this continuity, there is a need to create a new universalism born organically from the struggles of subordinated peoples that eliminates old-order imperialist justifications for the oppression of Others while claiming to support human rights.

August 2, 2006

Racial Profiling of Arabs and Muslims in the US: Historical, Empirical, and Legal Analysis Applied to the War on Terrorism

Chrystie Flournoy Swiney

Abstract

This article analyzes, digests, and critiques various facets of the current debate regarding the racial profiling of those in the United States who appear to be Arab and/or Muslim. By dispassionately addressing this debate from a variety of perspectives historical, empirical, and legal - the article specifically examines the fine line between preserving civil rights and civil liberties, while ensuring the security of the American homeland. Following an empirical investigation into the history of racial profiling in the U.S., a legal analysis of the relevant legislation and constitutional standards, and a scientific reporting of the psychological and emotional impact of such profiling tactics, it concludes that the ineffectiveness of racial profiling strongly weighs against its usage and at the very least, discredits many of the arguments put forth in its defense. In reaching this conclusion, I attempt to justify the near-absolute and unqualified preservation of those civil rights and civil liberties that have traditionally defined the American legal system, but which have gradually been eroding in the course of the last five years. As we approach the fifth anniversary of the World Trade Center attacks, this article exposes the ongoing need to re-evaluate the policies and practices put in place in the wake of September 11, 2001.

August 2, 2006

Yemeni Reflections on Guantanamo and American Efforts for Political Reform in the Arab World

Charles Schmitz

Abstract

The shroud of secrecy that the American administration has wrapped around Guantanamo Bay creates a kind of Rorschach test of political views that tell us much more about those holding these views than about the prison and interrogation center itself. But for those less interested in political propaganda, a review of statements on Guantanamo in the Arab country of Yemen reveals some interesting contradictions and complexities. Yemeni statements on Guantanamo reflect contemporary tensions in people's conceptions of national sovereignty, the political interests of a weak state in global geopolitics and a developing conception of human rights in an emerging global social modernity.

August 2, 2006

Between Orientalism and Fundamentalism: The Politics of Muslim Women's Feminist Engagement

Jasmin Zine

Abstract

Discourses of race, gender and religion have scripted the terms of engagement in the war on terror. As a result, Muslim feminists and activists must engage with the dual oppressions of Islamophobia that relies on re-vitalized Orientalist tropes and representations of backward, oppressed and politically immature Muslim women as well as religious extremism and puritan discourses that authorize equally limiting narratives of Islamic womanhood and compromise their human rights and liberty. The purpose of this discussion is to examine the way Muslim women have been discursively scripted from these opposing and contradictory spaces, and to explore the negotiations and contestations made by both secular and faith-centred Muslim feminists in combating these oppressive arrangements. In the first part of the discussion, I will draw on post-colonial and anti-racist feminist analyses to map out the complex interactions of race, gender, sexuality and religion in earlier imperial practices of conquest and colonization and examine how the continuing legacies of these encounters implicate the current "war on terror". In the second part of the discussion, I will examine Muslim women's feminist political engagement with and resistance to the concomitant factors of imperial and fundamentalist domination and will craft a better understanding of how these factors variously shape and are shaped by Muslim women's responses to them.

From the Field

August 2, 2006

Getting Your Friends in Trouble

Clive A. Stafford Smith

About this journal

Objective
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field.
Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.

Topics

universalism / relativism
individualism / collectivism
positivism / pluralism
deontology / instrumentalism
internationalism / sovereignty

In addition to the theoretical debates noted above, a sampling of the substantive areas to be addressed by the journal’s articles can be seen in the following:

Civil and political rights (e.g., capital punishment, freedom of expression, unlawful detentions, etc.)
Social, economic and cultural rights (e.g., the right to education, health care, labor rights, etc).
Women’s rights and their sociological, political and cultural contexts (e.g., discrimination in family and criminal law, political participation, domestic violence, etc.)
Religious freedom and the rights of religious minorities living in Muslim states (e.g., dhimmah system, apostasy etc.)
The rule of law, constitutionalism and notions of Islamic constitutionalism
The influence of both political Islam and reformist theological and jurisprudential thought on "Islam and human rights" debates
Refugee rights

Article formats
Research articles, Reviews, Book reviews

> Information for authors