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Ed Webb

Constitutional or Unconstitutional: Is That the Question? - Arab Reform Initiative - 0 views

  • This piece aims to contribute to the ongoing debate on the constitutionality of the measures taken by the President of the Republic Kais Saied, by examining both the text of the Constitution and the context. This piece argues for a contextual interpretation approach in order to adjust to the dynamic nature of societies.
  • Article 80 is conditioned on the existence of an “imminent danger threatening the nation’s institutions or the security or independence of the country and hampering the normal functioning of the state.” It is worth noting that, during the Constitutive Assembly’s (NCA) voting on the above-mentioned article, concerns over the broad wording of the article were voiced, due to the absence of definition of what constitutes an ‘imminent danger’ and ‘exceptional circumstances’, those concerns were dismissed by the Rapporteur-General to the NCA, who maintained that the formulation of the article was “clear”.
  • the intent and real desire did not seem to be there from the beginning to endow the country with a constitutional court formed of competences and working to guarantee the supremacy of the Constitution. Its formation was hindered by the failure of the Assembly to elect its 4 appointees,11The President of the Republic, the Assembly of the Representatives of the People, and the Supreme Judicial Council shall each appoint four members. motivated by disagreements between parliamentary blocs. In April 2021, to unblock the situation, an amendment was proposed to the Article 10 of the Constitutional Court’s Law to cancel the order of the parties that have the authority to appoint members of the Court12The Article lists “successively the Assembly of the Representatives of the People, the Supreme Council of the Judiciary, and the President of the Republic.” . The bill was rejected by the President Kais Saed and sent back to the parliament for a second reading.13Parliament has preserved the same amendments that were proposed, allowing the Supreme Judicial Council and the Presidency of the Republic to choose 8 members of the Constitutional Court without waiting for Parliament to complete the election of 3 out of 4 members of its appointees.  His decision was motivated by the fact that the passing of the law exceeded the constitutional deadlines provided for in Paragraph 05 of Article 148 of the 2014 constitution
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  • In the midst of the current crisis, the long-delayed Constitutional Court is the missing key that could have averted the political crisis culminating in the turmoil Tunisia is currently going through.
  • Paragraph 2 of the Article 80 of the Constitution provides that “The Assembly of the Representatives of the People shall be deemed to be in a state of continuous session throughout such a period. In this situation, the President of the Republic cannot dissolve the Assembly of the Representatives of the People.” Legal experts, notably the Tunisian Association of Constitutional Law,[17] disagreed with this decision to freeze the Assembly of the Representatives of the People, explaining that the article meant that the Assembly takes part of the actual management of the state of exceptionality, and is not excluded from it.
  • other legal experts and jurists17Including Pr. Amine Mahfoudh, Me. Hedi Kerrou. have agreed with Saied’s interpretation, considering that he acted within his prerogatives under a state of exception since he simply “froze” the Parliament’s activity, rather than dissolving it
  • a study has shown that only 19% of respondents19On methodology: “these findings are based on nationally representative public opinion surveys that included approximately 1,800 respondents. Respondents were chosen randomly, meaning the results can be generalized to the broader population. The surveys were weighted to account for any random variations that may exist by gender, age, level of education, or geographic area. The margin of error for each country is less than ±3 percent.” have confidence in the legislature.  Popular demands for its dissolution have been mounting over the last few months as  violence broke out more regularly in the parliament, “despite the fact that the country’s parliament was freely elected, the institution inspires very little trust among the public. The failure of parliament to address the country’s economic challenges, combined with relatively weak attachment to political parties are major factors driving this low level of confidence.”
  • In this context, Saied and his supporters argue that the Assembly has become part of the problem.
  • Article 80 Paragraph 2 only addresses the case of removal of the Head of Government by the Assembly: “A motion of censure against the government cannot be presented”. There are no similar prerogatives granted to the President of the Republic during this state nor during normal times. Hence, to justify such a dismissal, it would have to be considered “measures necessitated by the exceptional circumstances.”
  • What happened would better fit what doctrine has termed to be a ‘constitutional dictatorship,’ legitimized by exceptional circumstances and limited in time. A ‘Constitutional Dictatorship’ is when “individuals or institutions have the right to make binding rules, directives, and decisions and apply them to concrete circumstances, unhindered by timely legal checks to their authority. Clothed with all of the authority of the state […] subject to various procedural and substantive limitations.”
  • Some of those who defend Saied’s actions have cited De Gaulle’s famous citation that " there is first France, then the State, and finally, as far as the major interests of both are safeguarded, the Law,"27Cited in Mohamed Kerrou. « Kais Saied ou la revanche légitime de l’État et de la société ». Leaders. 28/07/2021. to argue that in terms of its importance, the Constitution is superceded by national interests.
  • Tunisia has entered a period with almost no checks and balances, under ‘a constitutional dictatorship.’ In this context, a lot will depend on the person of Kais Saed and his commitment to “ethical standards or principles that are part of a political credo,” that are considered supra-constitutional principles
  • Close oversight of the situation by free media and strong watchdog organisations are the only guarantees against potential abuses
  • referrals of civilians (MPs) before the Military Court of First Instance in Tunis are causing great concern, especially with the dismissal of State Attorney General, Director of Military Justice and the Minister of National Defense without appointing replacements. These decisions are inconsistent with constitutional principles and international conventions
  • the presidential order ‘suspending the work of the Assembly and lifting of parliamentary immunity for deputies for the duration of the suspension’ was issued on the night of 30 July 2021, in the Official Gazette, stipulated for “the possibility of extending the mentioned period (ie the month) by virtue of a presidential decree,” without specifying the number of extensions, opening the door to unlimited extensions. National Organisations30The National Syndicate of Tunisian Journalists, Tunisian League for the Defense of Human Rights, The Tunisian General Labor Union, The National Bar Association of Tunisia, Tunisian Association of Democratic Women, Tunisian Judges Association, Tunisian Forum for Economic and Social Rights. have warned against “any illegal and unjustified extension of the disruption of state institutions, stressing the need to adhere to the declared month period stipulated in the constitution.”
  • A real impasse is looming on the horizon, however, if, thirty days after the entry into force of these measures, the “Speaker of the Assembly of the Representatives of the People or thirty of the members thereof (want) to apply to the Constitutional Court with a view to verifying whether or not the circumstances remain exceptional.”  Presidential Decree N°80 has stipulated that the extension is made possible by virtue of a presidential order, in clear contradiction of Article 80 of the Constitution, conferring the right to decide on the extension to the Constitutional Court.
Ed Webb

Tunisia freedoms at risk after protest crackdown: rights groups - 0 views

  • Freedoms are imperilled in Tunisia after the violent suppression of protests against President Kais Saied last week, rights groups warned
  • "It is clear that freedoms are threatened and face an imminent peril," Yassine Jelassi, head of the Tunisian National Journalists' Union (SNJT), told a press conference organised by 21 human rights groups."A police and security mentality is running the state... Tunisia has become a country which suppresses freedoms."
  • Tunis, the capital, has not witnessed such unrest for a decade.
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  • civil society groups and Saied's political opponents have been warning of a return to authoritarianism under his power grab
Ed Webb

Jadaliyya - 0 views

  • demands by civil society to establish the truth about state violence during the “Years of Lead,” which refer to the period between Morocco’s independence in 1956 and the passing of King Hassan II in 1999. In the absence of accountability, history and historiography became a space where survivors of the Years of Lead found a sense of justice. 
  • I examine how “mnemonic literature,” which is the literature produced by younger generations of Muslim authors who did not live with the Jews when they were still in Morocco, has drawn on memory to reimagine Morocco with its Jews
  • issues related to Amazigh identity, Jewish emigration, and political imprisonment were simply censored
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  • the lack of archival sources compounded with self-censorship pushed many historians to focus on pre-colonial history
  • I define other-archives as texts, artifacts, alphabets, embodied experiences, toponymies, and inherited memories where stories of the excluded, the silenced, and the forgotten live in a ghostly state, ready to articulate historical loss even as they are situated outside the margins of what is considered canonical
  • I look at how other-archives are created through the work of the Moroccan Amazigh Cultural Movement (MACM). MACM has not only advocated for the recognition of Imazighen’s cultural rights, but it also unearthed a different history of Tamazgha by resorting to memory and invented traditions, which have now transformed the public sphere in Morocco. When we see Tifinagh in public signage in Moroccan cities, what we see is an other-archive that evokes other possible histories.
  • Up until 2011, when Les Archives du Maroc was put in place to implement the ERC’s recommendations, Moroccan authorities showed no interest in creating an official archive. For sixty years, colonial and post-colonial documents of archival significance were either destroyed or left to decay. In some cases, civil servants did not know the importance of the archive and just destroyed it out of ignorance. The nationalist streak of the post-independence period must have also led some to destroy archives left by France out of this independence spirit.
  • how Tazmamart moved from being a taboo topic to becoming a transnational other-archive
  • research on cultural production and history in Morocco and Tamazgha (the broader North Africa)
  • the need to engage in interdisciplinary and multilingual scholarship by conversing with the fields of anthropology, literary studies, memory studies, archive studies, and historiography, among others, and using sources in Arabic, Tamazight, French, and English
  • The second book, which is provisionally entitled Saharan Imaginations: Saharanism and its Discontent, is a monograph about the ways deserts have been (mis)represented in a variety of media, specifically in literature, film, and political discourse. I look at issues of emptiness, death, fear, and impunity associated with deserts across cultures and I develop the concept of Saharanism to conceptualize why deserts are viewed in the way they are.
  • Moroccan historians dedicated a significant amount of time to the concept of tarikh al-zaman al-rahin (history of the present) to both open up their discipline to new methodologies and engage in unprecedented discussions about Morocco’s post-colonial history
Ed Webb

Journalists tell CPJ how Tunisia's tough new constitution curbs their access to informa... - 0 views

  • CPJ could not meet with Hajji at the Al-Jazeera office because it has remained closed since police raided the bureau on July 26, 2021, confiscating all broadcasting equipment and forcing all staff to leave the building. The raid came less than 24 hours after Tunisia President Kais Saied fired Prime Minister Hichem Mechichi and suspended parliament, granting himself sole executive power. A new constitution, approved by a largely boycotted voter referendum nearly a year later, on July 25, 2022, codified Saied’s nearly unchecked power, upending the checks and balances between the president, prime minister, and parliament provided by the 2014 constitution.
  • at least four journalists have been arrested, and two were sentenced to several months in prison by military courts. Many others have been attacked by security forces while covering protests.
  • “We found that 2022 was one of the worst years in terms of press freedom violations since we began monitoring them six years ago,” Khawla Chabbeh, coordinator of the documentation and monitoring unit at the National Syndicate of Tunisian Journalists (SNJT), a local trade union, told CPJ in a meeting. On July 25, 2022, the day of the constitutional referendum, “we monitored the most violations against journalists that has occurred in a single day,”
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  • Following the constitutional referendum on July 25, Tunisia approved the new constitution, replacing what was considered one of the most progressive in the Arab world. The new document is missing many of the articles that had guaranteed the protection of rights and freedoms. It eliminates several constitutional commissions created under the 2014 constitution, such as the Human Rights Commission, which investigated human rights violations, and the Independent High Commission for Audiovisual Communication, the country’s media regulatory body.
  • “The 2014 constitution protected the freedom of the press, publication, and expression. However, the new constitution does not mention anything on the independence of the judicial system, which is one of the few things that could guarantee fair trials when violations against journalists or the press occur,” Mohamed Yassine Jelassi, president of the SNJT, told CPJ in a meeting. “And now, with the lack of independent constitutional bodies, we are going to start dealing again with a Ministry of Communications that takes its orders straight from authorities.”
  • Jelassi told CPJ that the new constitution further diminishes the protection of journalists and the freedom of publication by using vague language that could lead to the conviction of journalists on charges unrelated to journalism. Under the 2014 constitution, authorities were prohibited from interfering with any journalistic content, since it would violate the freedom of publication. By contrast, the new constitution protects the freedom of publication only if it does not harm “national security,” “public morals,” or “public health,” which are all defined by the law.
  • while Al-Jazeera has all its paperwork, licenses, and taxes in order, the office remains closed. As of early September, police were still heavily present in front of the bureau’s building
  • “Most private [and non-profit] news organizations are partially funded by foreign groups or governments,” said Khadhraoui. “Without these funds, it will be impossible to pay staff salaries, and therefore there won’t be any independent press sector in Tunisia.”
Ed Webb

Tunisia's LGBTQ scene celebrates Mawjoudin Queer Film Festival - Al-Monitor: Independen... - 0 views

  • “Daring to organize and host an event dedicated to the question of gender identity and the reality of queer people is after all a militant act,” Aouini said. The MQFF took place on the backdrop of a reversal of Tunisia’s hard-won democratic gains following a year of drastic moves by Saied that expanded presidential powers since his power grab on July 25, 2021, effectively taking the country — once the Arab democratic exception — back to one-man rule.
  • “The fact that we succeed in having a queer festival in an Arab Muslim country is an achievement,” Jerbi told Al-Monitor. “Coming to this event and meeting people like me is in itself something. We are not here to seek attention; we are here to just see our rights respected.”
Ed Webb

Tunisia: Attack on Djerba synagogue was premeditated by national guard member - Al-Moni... - 0 views

  • Tunisia’s Interior Ministry has identified the man behind an attack that killed five people earlier this week, saying Thursday that he intentionally targeted a synagogue on the Mediterranean island of Djerba in a premeditated act. The ministry described the shooting as a “cowardly criminal attack” but refrained from calling it an act of terrorism.
  • The French National Terrorism Prosecution Office has launched its own probe into the attack. Benjamin Haddad, who was French, was killed in the attack along with his cousin Aviel Haddad, who held dual Tunisian and Israeli citizenship.
  • The shooting coincided with the annual Jewish pilgrimage that is part of Lag Ba’omer celebration. Thousands of Jews from around the world gather at El-Ghriba synagogue, believed to be the oldest in Africa dating back 2,500 years.
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  • Djerba’s Jewish population is one of North Africa’s biggest, although in recent years it declined to 1,500, down from 100,000 in the 1960s
  • Tunisia and Israel do not have formal diplomatic relations, but Israelis can apply for a visa to travel to Djerba for the pilgrimage.
  • During his electoral campaign in 2019, Saied, who has since cemented his one-man rule, labeled normalization with Israel “high treason.”
Ed Webb

Tunisia's first LGBTQ play lifts curtain on hidden violence - 0 views

  • It's the first queer play to be staged in Tunisia -- director Essia Jaibi's latest work aims to challenge conservative attitudes in a country where same-sex acts are punishable by prison terms.
  • The work, co-produced by LGBTQ rights group Mawjoudin (translating to "we exist"), is played by six mostly amateur actors aged between 23 and 71, reflecting a decades-long struggle for gay rights in the North African country
  • Tunisia is seen as relatively liberal on social issues compared with other Arab countries, but nevertheless imposes sentences of up to three years in prison for "sodomy" for both men and women
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  • rights groups say the community is still vulnerable, with as little as a photo on a telephone potentially leading to arrest, physical violence and anal examinations.
  • United Nations Committee Against Torture has condemned Tunisia's use of anal tests
  • other problems facing all Tunisians: police and judicial corruption, impunity and the brain drain as people leave to seek better economic prospects in Europe and elsewhere.
  • Rights groups are continuing to campaign for an end to Article 230, first introduced by French colonial administrators in 1913.
  • The NGO also organised Tunisia's first queer cinema festival in 2018.
  • The country in 2017 committed to ending the practice, but it has continued nonetheless.In December, two men were found guilty of same-sex acts after they refused to undergo such examinations -- seen by judges as proof of their guilt.
  • The Tunisian president, whose July power grab allowed him to issue laws and seize control of the judiciary, has said he is opposed to jail terms based on sexual orientation -- but also to the full decriminalisation of homosexuality.
Ed Webb

In Tunisia, travel bans are weaponised to silence opposition - 0 views

  • opponents to President Saied's regime have been banned from travelling, often without any clear reason.
  • Before the Tunisian revolution and Arab uprisings that swept the region in 2011, arbitrary travel bans were used against “thousands of Tunisians” according to the NGO Human Rights Watch. 
  • Using anti-terrorism laws, police can not only prevent Tunisians from travelling abroad but also arrest and detain them. Under a series of measures intended to combat extremism, known as S17, close to 100,000 Tunisians have faced border restrictions, according to a 2017 report by the Transitional Justice Observatory Network. 
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  • In 2015, the Ministry of Interior officially launched this informal policy in order to prevent Tunisian youngsters from joining extremist groups. The Ministry of Interior defines it as “a preventative measure to be taken in the presence of information or suspicion about the possible recruitment of people by countries classified as conflict areas like Syria and Libya, or persons who have visited or taken part in conflicts in those countries”. Since then, many government officials have used this judicial flexibility to their advantage. Former chief of government Youssef Chahed, for example, was accused of using arbitrary travel bans as a bargaining chip in order to obtain majorities in the Parliament for the government’s bills.
  • “My parents are now worried when I post something on Facebook about the president,” explained Anis, a Tunisian student in France. “I was too young during Ben Ali’s regime to notice those kinds of things, but  my family tells me that Saied is using the same methods.”
Ed Webb

Why Saudi Arabia is all in on sports - The Washington Post - 0 views

  • Saudi Arabia’s history with WWE, like much of its frenetic investment in sports and entertainment over the past few years, is a study in how little diplomacy is needed when you control one of the largest sovereign wealth funds in history. Using their Public Investment Fund, valued at more than $776 billion, the Saudis have effectively bought some of the world’s most loyal fan bases, bent opponents to their will and wildly shifted the economics of international sports.
  • In the sports world, overcoming a reputation as a global pariah — condemned by human rights organizations for alleged war atrocities and its links to the 9/11 hijackers, the imprisonment of activists and the Khashoggi assassination — has been as simple for Saudi Arabia as advancing claims of innocence or autonomy.
  • The Saudi Pro League has become the default destination for aging soccer legends seeking unprecedented paydays, including Cristiano Ronaldo, who reportedly is paid roughly $220 million per year to play for Al Nassr. Lionel Messi turned down a similar bounty in favor of playing in the United States. But he still agreed to promote Saudi Arabia for a reported $25 million under a contract that mandates he is not permitted to make any remarks that “tarnish” the kingdom.
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  • The Saudis have used their financial clout to ground down enemies in ways big and small, from Iranian American wrestlers facing scripted humiliation in WWE shows to American golf executives being forced to swallow previous bitter condemnations of the kingdom. Saudi Arabia’s golf takeover this year, in which the kingdom coerced the PGA Tour into a planned alliance after effectively winning a game of high-stakes chicken over the fate of one of the world’s most popular sports, struck some analysts as the final dam to break in the sports world’s resistance to Saudi involvement.
  • Sheikh celebrated by buying a $4.8 million Bugatti before landing on a larger vanity purchase. After a stint as honorary president of an Egyptian soccer club ended with him warring with management, Sheikh poured millions into buying a rival team and moving it to Cairo. Months later, he abandoned Egyptian soccer while lamenting the “headache.”
  • Sheikh’s management style has embodied Saudi Arabia’s foray into global sports: free-spending, rancorous and hyper-political. He commandeered the lectern at an international chess tournament in Riyadh to rail against “ministate” Qatar, and he ranted that the Saudi soccer team had put in “less than 5 percent effort” during a World Cup loss to Russia. With his penchant for showmanship, it was perhaps inevitable that one of the PIF’s first massive investments would be bringing WWE to Saudi Arabia — and, with it, hired wrestlers acting out the humiliation of what was then a Saudi enemy nation.AdvertisementStory continues below advertisementAt the Greatest Royal Rumble in Riyadh in April 2018, two Iranian American wrestlers, waving the Iranian flag, confronted four young Saudi wrestlers. The scripted comeuppance was swift: The Saudis pummeled the Iranians, brothers Ariya and Shawn Daivari, threw them out of the ring and sent them limping away as the crowd jeered.
  • Many Westerners ascribe a singular motive to Saudi Arabia, if not the entire Middle East, for its interest in sports: sportswashing. And Saudi Arabia has used sports to market its supposed makeover to the outside world — and to guard its image.
  • Another key currency in sports (and adjacent Spandex-clad theater) was embedded in that brief anti-Iranian WWE storyline, a forgettable footnote for American viewers. Saudi leaders have attempted to move the country away from religious fundamentalism, or Islamism, to replace it with something more palatable to global commerce: nationalism, partly ginned up by crushing Middle Eastern rivals at a game it came late to.AdvertisementStory continues below advertisementSaudi Arabia, with its geriatric leadership until six years ago, had inadvertently given the United Arab Emirates and Qatar a decades-long head start at investing in sports — but the much larger country has been a bully ever since.
  • by dissuading potential religious extremism, “The idea is to get the country to look quote-unquote ‘normal.’ ”
  • “one of those key moments of reputation laundering and propaganda that Mohammed bin Salman needed at that time: an American organization with a billionaire as famous as Vince McMahon appearing in Saudi Arabia and things going on as normal.”
  • In the years since Khashoggi’s murder, financial leaders returned to doing business with Saudi Arabia, partly revealed when the kingdom released a list of partners in venture capital, including some of the highest-profile firms in the world. (That includes Amazon, founded by Jeff Bezos, who owns The Washington Post. In 2022, the PIF invested roughly $430 million in Amazon.) In sports, reticent executives became increasingly easy marks for a kingdom practiced at bending opponents to its will.
  • The PIF’s effort to purchase Newcastle United was stalled by Saudi Arabia’s alleged role in one of the world’s largest piracy operations, which for years brazenly stole Qatari content, including that of Premier League games, and beamed it to set-top boxes in Saudi homes.Saudi Arabia denied having a role in the piracy. Investigations by several organizations, from the World Trade Organization to FIFA, found otherwise. The piracy halted just before the PIF was set to complete its purchase of Newcastle.
  • “The majority of fans don’t care.”
  • The Saudis — with a diversified portfolio full of other sports — were willing to blow up golf. Pro golf executives, it turns out, were not.
  • Endeavor, helmed by Ari Emanuel, announced in April a $21 billion deal to merge UFC, its mixed martial arts company, with WWE. Less than five years earlier, Emanuel had returned $400 million to the Saudis so as not to have to partner with them in the wake of Khashoggi’s murder. But Endeavor and its related companies had recently done business with the kingdom again — including Endeavor’s IMG negotiating media rights for the Saudi Pro League. Under TKO, the company created in the merger with Emanuel as CEO, WWE plans to continue its Saudi shows. And UFC recently announced it would hold its first event in Saudi Arabia next year.
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