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Ed Webb

Human Rights Watch Condemns Controversial Defamation Bill : Tunisia Live - News, Econom... - 0 views

  • a new bill that would ban blasphemy in Tunisia. The draft bill, proposed to the Constituent Assembly on Wednesday by Tunisia’s ruling moderate Islamist party Ennahdha, would criminalize “insults, profanity, derision, and representation of Allah and Mohammed.”
  • ” If passed, the draft law would punish such violations of “sacred values” with prison terms of up to two years and fines of up to 2,000 dinars (U.S. $1,236) through an additional article to the Tunisian Penal Code.
  • Mrad justified the bill’s proposal by explaining that the protection of religious symbols does not inherently represent an attack on freedom of expression. “In all societies, you will always find limits and things that you cannot say,” he said, adding, “We [Ennahdha] are committed to granting freedom of expression, but this law is just to set limits for this freedom.”
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  • General Comment 34, a statement issued by the UN Human Rights Committee in July of 2011 stating that defamation of religion is not an acceptable reason for limiting freedoms of speech. According to paragraph 48 of the declaration, “Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in specific circumstances…” Such “specific circumstances” include cases in which national or individual security is deemed to be threatened.
  • Although the country lacks laws criminalizing blasphemy, Article 121.3 of Tunisia’s penal code – which criminalizes disruptions that “harm public order or morality” – has been used to convict individuals found guilty of acts that could be perceived as attacks against Islam.
  • A prosecutor in Tunisia can prosecute on the basis of these two laws together and can add to the sentence. We have seen this in other countries, in other contexts.
Ed Webb

Tunisia's War on Islam | Foreign Policy - 0 views

  • Ayari had no ties to terrorist groups. But it soon became clear that his appearance had turned him into a suspect in his own right. He was charged with terrorism, detained for several days, and savagely beaten. “The police officer spat in my face and beat me,” the 29-year-old Ayari told me later. “My face was bruised, my mouth was bleeding. A beard and traditional clothing mean ‘terrorism’ for security forces in Tunisia. That’s the bitter reality.”
  • “Today there’s a sort of trivialization of torture, especially in terrorism cases,” said Amna Guellali, the Tunisia director of Human Rights Watch. “When we speak up about the torture of terror suspects, we risk being considered traitors in the holy war against terrorism — and if we denounce torture, we’re considered pro-terrorist.”
  • Inclusion in the terrorism list also prevents people from obtaining copies of their criminal records. Since these have to be included with job applications, this amounts to an employment blacklist as well. This procedure means that hundreds, if not thousands, of Tunisians, most of whom are already from the most vulnerable segments of society, are subject to economic discrimination.
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  • a sort of social persecution of men and women who look religious — something that could further exacerbate Tunisia’s terrorism problem. Alienation pushes these people to the margins of society, making them psychologically fragile and more receptive to radical discourse targeted against the state. “How do you expect people to feel when they’ve been subjected to this sort of treatment?” said Ghaki. “They’ll feel hatred and a desire for vengeance.”
  • experiences frequent harassment by police and security personnel because she wears a face veil, the niqab. She said she once had to wait 45 minutes before she was allowed into a hospital. Though she offered to show her face and allow the security personnel to check her identity, she said they made sure to humiliate her before letting her go inside to visit her ailing relative.
  • While people have gotten used to seeing women wearing the hijab in Tunisia’s streets, niqabi women and bearded men are the country’s new scapegoats. Chaima said that she was once called a terrorist by a group of people in a passing car. “It’s not easy to be who we are in Tunisia,” she said. “Some people want to let us know that we have no place here.”
  • a group of lawmakers tried to exploit the rising fear of terrorism by proposing a law that would make it illegal for women to cover their faces in public. The draft law drew comparisons to a controversial 2010 law passed in France under president Nicolas Sarkozy. This is no coincidence. France is Tunisia’s former colonial power, and French law, culture, and values have had a profound impact on modern Tunisian society, particularly among the upper classes.
  • Decades of forced secularization under the Bourguiba and Ben Ali regimes made people less accustomed to the sight of traditional clothing and long beards. Displays of conservative religiosity are less common than in other countries in the region, and thus tend to draw scrutiny.
  • This kind of treatment inevitably contributes to the alienation and sense of exclusion felt by many of Tunisia’s most vulnerable people. It should be no surprise if some of them actually end up joining the terrorists who society has already classed them with. Sometimes it seems that the security forces aren’t even trying. Ahmed Sellimi, another of Mona and Tarek’s brothers, went to a police station one day to try to convince them to stop the harassment. “Why are you here?” asked the agent he addressed. “Why don’t you just go the mountains with the rest of the terrorists?”
Ed Webb

Equality of the Sexes Contested on National Women's Day : Tunisia Live - News, Economy,... - 0 views

  • First celebrated in Tunisia over fifty years ago, National Women’s Day commemorates the adoption of Tunisia’s Code of Personal Status (CPS), which was promulgated on August 13, 1956. The first law passed after the country gained independence from French rule, the CPS redefined the role of women within Tunisian society. The law outlawed polygamy, banned the wearing of the hijab, established a judicial process for divorce, and required the consent of both parties for a marriage to be considered valid. It also defined men and women as equal citizens and granted the right to comparable wages for men and women.
  • In particular, post-revolutionary power gains by Islamist political parties, such as Tunisia’s Ennahdha party, have led to unease among feminists. “Now, they [Ennahdha] want to take back all that we had achieved,” Saida Rachid stated today to Tunisia Live. “Unlike the reassuring and calming declarations from the Ennahdha party after the [October 2011 Constituent Assembly] elections, claiming that Tunisian women’s rights would remain safe, we are now under serious threat.” Rachid referred to article 28 of Tunisia’s draft constitution as particularly dangerous to women’s post-revolutionary gains. Terming women as man’s “partner,” the clause states that man’s and woman’s roles in the family are “complimentary.” The proposed article was approved by the Commission of Rights and Liberties on August 1 with a vote of 12 to 8, with Ennahdha party members comprising 9 of the votes in favor
  • Ennahdha Constituent Assembly member Souad Abderrahim called the public reaction to the article “very exaggerated.” She explained, “It is still a draft and not a final one…We wrote that women and men are complementary to each other, and not that women complement men. Second, we already mentioned the word ‘equality’ in article 22.”
Ed Webb

Tunisian Ruling Party Feels Heat After Egyptian Coup - Al-Monitor: the Pulse of the Mid... - 0 views

  • “France knows that Islam and democracy are compatible.” While Hollande did say “Islam” and not “Islamism,” it was nevertheless the closest thing to an endorsement of Tunisia's Ennahda party to come from any French politician.
  • if the Tunisian Tamarod movement has not seen immediate support from the street, they have received a major political partner: Tunisia's most important opposition coalition, Nidaa Tounes. The coalition — which scores alongside Ennahda at the top of opinion polls — issued a press release on July 4 in which it made the same demands as Tamarod, the dissolution of the Constituent Assembly and new elections.
  • Mabrouka Mbarek, a left-leaning deputy at the Constituent Assembly from the Congress for the Republic Party, expressed her outrage at Essebsi's position. “This is unacceptable and dangerous. For Essebsi to say this shows that he has no clue what democracy is, and is not fit to be in government,”
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  • “The Egyptian example is present in the mind of Ennahda right now,” said Mohamed Bennour, the spokesman for the Ettakatol Party in an interview at the party's annual congress on July 7. He went on to say that the events in Egypt could play a “catalyzing” role in Tunisia. “I think the people will move if Ennahda ever makes big mistakes. I think that Ennahda is conscious now of not making mistakes in the current period.”
  • The biggest bone of contention in Tunisian politics right now is the finalization of the country's constitution, and in particular two articles — Articles 6 and 141 — which secularists say leave the door open for a higher degree of influence of Islamic law. Article 6 says that the state is the “protector” of “al moqadiset”  — “the holy things" — which could mean a ban on insulting any religious symbols, mosques or even imams, a much stricter blasphemy law than anything Tunisia currently has. Article 141 says that no amendments can be made to the constitution which are not in accordance with “Islam as the religion of the state,” a vague wording that some — including the Ettakatol Party — think could imply that Sharia should be the basis for future constitutional changes. “Article 141 refers the origin of the law to the Quran and Sharia, and that is very dangerous because it can be interpreted by certain judges as being the law, Sharia as law,” said Bennour. However, Bennour and others within the socialist Ettakatol Party felt that Ennahda would cede on these controversial points in light of recent events.
  • While the rest of Tunisia prepares to slow down with the reduced hours of the holy month of Ramadan [due to start on July 9], the Constituent Assembly has announced it will continue to work, with a session in the morning and another after the breaking of fast at night. Perhaps the dire example of Egypt will push Tunisia's parliament to put aside differences and advance their country to the next phase of democracy.
Ed Webb

Constitution Calls for 'Neutralilty' of Mosques, but Meaning Unclear - Tunisia Live - 0 views

  • Rumors circulated this weekend that the Friday sermon in Tunisian mosques would soon be standardized by the government, meaning all preachers would read the same text to their congregations, and that political figures would be prohibited from delivering sermons. Officials at the Ministry of Religious Affairs, however, denied that these policies were being implemented.
  • The newly-adopted Tunisian constitution, which was formally adopted last week, not only “protects religion” and “guarantees freedom of belief and conscience,” but also guarantees the political neutrality of the roughly 5,000 mosques in Tunisia. “The state [...] ensures the neutrality of mosques and places of worship away from partisan instrumentalization,” according to Article 6 of the new constitution. This constitutionalized political neutralization of mosques is meant to “limit the interference of strangers in mosques,” Fadhel Achour, president of the National Union of Religious Officials, told Tunisia Live. His union represents clergy working in Tunisia’s mosques.
  • Mghiri oversees the Ministry of Religious Affairs’ Monitoring and Following Commission, which monitors Tunisian mosques. The commission receives petitions from citizens, follows up with them, and collaborates with the Ministry of Interior to curb what Mghiri deemed the “Salafist exploitation” of mosques and to prevent calls for violence in mosques. He also said that imams cannot directly tell those in attendance whom to vote for. Mghiri told Tunisia Live that different people from varied backgrounds gather in mosques and that telling these people for whom they should vote is not only illegal, but also not wise and does not comply with the canonical laws of Islam.
Ed Webb

Mass Arrests Signal Policy Change Towards Religious Extremists - Tunisia Live : Tunisia... - 1 views

  • The Ministry of Interior then outlawed Ansar al-Sharia yesterday and banned all its activities. The arrests and the ban of Ansar al-Sharia  represent a major policy shift for the coalition government led by the Islamist Ennahda party. This administration had been seen by critics as too lenient on extremist religious groups involved in a number of violent incidents since the January 2011 revolution.
Ed Webb

A Chance for Moderation - Sada - 0 views

  • Non-jihadi Salafis, particularly those who have shown a real inclination toward moderation, can play a key role in minimizing the jihadi threat
  • Apart from Salafi jihadis, two other major currents of Salafism exist in Tunisia: Salafiyya ‘Almiyya, often translated as "scientific Salafism," and political Salafism.  Members of the Salafiyya ‘Almiyya current are apolitical, preferring to immerse themselves in religious devotion. Their movement dates back to the eighth century AD. Until the last century, they remained an elitist and almost forgotten sect. Although their profile has risen since the revolution, scientific Salafism’s imprint on religious life remains limited—only around 24 of Tunisia’s mosques are under their control. Nonetheless, some scientific Salafi sheikhs, such as Bashir bin Hassan, are well-known religious figures, with impressive followings and media platforms.
  • political Salafis aspire to use political avenues to influence Tunisian society. Some have formed parties such as Jabhat al-Islah and Hizb ut-Tahrir. Although they were unsuccessful, Jabhat al-Islah members contested six seats in the Constituent Assembly as independents (the party did not receive an official license until March 2012) in the October 2011 elections. Enacting sharia law is their foremost policy priority,  and they have also called for cutting ties with the IMF and World Bank and for Tunisia to stop repaying foreign debts. Hizb ut-Tahrir also advocates an agro-industrial economy that is less reliant on tourism
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  • Although Salafism might seem extreme by definition, the term is still helpfully vague. Some high-profile Islamists have shown a capacity to use the ambiguity of the term to their advantage. For example, last year Ennahda’s co-founder, Rachid Ghannouchi, claimed—in an attempt to pacify and woo young Salafis—that he himself is a Salafi in the sense that Salafism means a “return to the noble values of Islam founded on the Koran and the Sunna.”
  • Mohamed Khoja, who leads Jabhat al-Islah, was one of the founders of the Tunisian Islamic Front, which had suspected ties to terrorism. Now he rejects violence in Tunisia and insists that, if elected, members of his party would not outlaw alcohol or ban bikinis.
  • Ansar al-Sharia is eager to cultivate a peaceful image not just because it fears government reprisals, but also to avoid alienating members who are against violence in Tunisia. It is, after all, a disconnected movement that relies on dozens of charismatic leaders to exploit everyday discontent at the grassroots level of Tunisian society. 
  • Salafi political parties have a much harder task than groups like Ansar al-Sharia. They must prove their ability to shape political decisions, rather than simply blasting more energy into street politics
  • political parties’ youth activities are much less visible. Jabhat al-Islah’s Facebook page is dominated by pictures of middle-aged men. Similarly, older “wise men” are the face of scientific Salafism. As a result, these movements hold limited appeal for youth.
Ed Webb

Tunisia Navigates a Democratic Path Tinged With Religion - NYTimes.com - 0 views

  • “We’re surrendering our right to think and speak differently,”
  • The popular revolts that began to sweep across the Middle East one year ago have forced societies like Tunisia’s, removed from the grip of authoritarian leaders and celebrating an imagined unity, to confront their own complexity.
  • “It’s like a war of attrition,” said Said Ferjani, a member of Ennahda’s political bureau, who complained that his party was trapped between two extremes, the most ardently secular and the religious. “They’re trying not to let us focus on the real issues.”
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  • debates in Tunisia often echo similar confrontations in Turkey, another country with a long history of secular authoritarian rule now governed by a party inspired by political Islam. In both, secular elites long considered themselves a majority and were treated as such by the state. In both, those elites now recognize themselves as minorities and are often mobilized more by the threat than the reality of religious intolerance
  • secular Tunisians might soon retreat to enclaves. “We’ve become the ahl al-dhimma,” he said, offering a term in Islamic law to denote protected minorities in a Muslim state. “It’s like the Middle Ages.”
  • Others insisted that Ennahda take a stronger stand against the Salafis before society became even more polarized. “I don’t see either action or reaction — where is the government?” asked Ahmed Ounaïes, a former diplomat who briefly served as foreign minister after the revolution. “What is Ennahda’s concept of Tunisia of tomorrow? It hasn’t made that clear.”
  • He complained that the case had been “blown out of proportion,” that media were recklessly fueling the debate and that the forces of the old government were inciting Salafis to tarnish Ennahda. But he conceded that the line between freedom of expression and religious sensitivity would not be drawn soon. “The struggle is philosophical,” he said, “and it will go on and on and on.”
Ed Webb

Tunisian women's rights plan rattles Muslim traditionalists | Religion News Service - 0 views

  • An initiative by Tunisia’s president to make inheritance and marriage rules fairer to women is reverberating around the Muslim world, and risks dividing his country
  • He’s gambling that he could shepherd through such changes because his secular party is in a coalition with an Islamist one, and because his overwhelmingly Muslim country has a history of relatively progressive views toward women.
  • the Tunisian parliament has overturned the law that banned women from marrying non-Muslims
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  • Mainstream Muslim clerics almost universally see the inheritance rules as enshrined in the Quran, Islam’s holy book, and consider the rules on marriage to be equally unquestionable in Shariah. Most Muslim-majority countries in the Mideast and Asia enforce the rules since they use Shariah as the basis for personal status and family law
  • The first president of independent Tunisia, Habib Bourguiba, championed a landmark social code in 1956 that set a standard for the region by banning polygamy and granting new rights to women unheard of in the Arab world at the time. But even he didn’t dare push for equal inheritance.
  • the proposals sparked a heated debate on social media networks among Egyptians. Supporters of Essebsi’s initiative said Al-Azhar was showing its true colors as a bastion of religious militancy
  • Muslim parents who see the inheritance laws as unjust often resort to putting assets in their daughters’ names during their lifetimes. In Lebanon, some Sunni men convert to Shiism to take advantage of what they see as the minority sect’s more equal treatment of women when it comes to inheritance. Tunisia is overwhelmingly Sunni.
  • There are some Muslim theologians who argue that the one-half inheritance for women is not absolute in the Quran and that it is open for reinterpretation to fit the Quran’s requirements for justice and equality. Still, the mainstream view is deeply entrenched. In Tunisia, the country’s leading imams and theologians issued a statement denouncing the president’s proposals as a “flagrant violation of the precepts” of Islam.
  • Several analysts suggest the president is trying to win back support from women who supported him widely in 2014 elections for his modernizing program, but then grew disillusioned after he allied with the Islamist party.
Ed Webb

Accused of Slapping a Niqab-Wearing Student, Dean of Manouba University Has Trial Postp... - 0 views

  • Faycel Zammi, one of Kazdaghli’s lawyers and a member of the Modern Left party, declared that this case is more serious than the Persepolis trial
Ed Webb

A crisis in Tunisia: Murder most foul | The Economist - 0 views

  • Tunisia’s worst crisis since the revolution that toppled the country’s long-serving, secular-minded dictator, Zine el-Abidine Ben Ali, who fled into exile in January 2011
  • In the past few months Islamist thugs have been taking the law into their own hands. Neighbourhood “committees to defend the revolution”, often including Nahda members who were political prisoners under Mr Ben Ali, have been accused of trying to intimidate opposition parties and have incurred growing hostility from more secular types. In December they violently broke up a trade-union rally.
  • The veneration of local saints across north Africa harks back to pre-Islamic Berber and sub-Saharan cultures. Muslim reformists in 19th-century Tunisia dismissed such traditions as demeaning and superstitious. Under Habib Bourguiba, the country’s first president after its independence from France in 1956, many shrines were turned into museums, cultural centres or even cafés. Others were officially tolerated for giving succour to people with medical or psychological worries. Nahda, which is close to the Muslim Brotherhood, has proclaimed an “Arab and Islamic identity”, implying distaste for shrine worship. But the desecrations obliged them to declare their respect for Tunisia’s diverse cultural and ethnic heritage.
Ed Webb

The Arab Spring Still Blooms - www.nytimes.com - Readability - 0 views

  • The Arab revolutions have not turned anti-Western. Nor are they pro-Western. They are simply not about the West. They remain fundamentally about social justice and democracy — not about religion or establishing Shariah law2.
  • The democratization of Tunisia, Egypt and other countries has allowed a number of extremist free riders into the political system. But it has also definitively refuted the myth that democracy and Islam are incompatible. Islamists are political actors like any others: they are no more pure, more united or more immune from criticism than anyone else.
  • Radical Salafis who advocate violence and Shariah constitute a very small minority in Tunisia — and even in Egypt they are vastly outnumbered by more moderate Islamists. They are a minority within a minority, and extremely unpopular among both religious and secular Tunisians. They do not speak for all Tunisians, Arabs or Muslims.
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  • As a democratic government, we support the Salafis’ freedom of expression, but advocating violence is a red line. Those who cross it will be arrested.
  • strength and importance of extremist groups have been unduly amplified by the news media
  • Images of angry Muslim mobs, like the one featured on a recent cover of Newsweek magazine3, once again revived the old Orientalist trope of a backward and hysterical Muslim world, unable to engage in civilized and rational debate or undertake peaceful negotiations — in other words, incapable of conducting political affairs.
  • Arguing that the groups who have recently staged violent demonstrations represent the entire Arab population is as absurd as claiming that white supremacist groups represent the American people or that the Norwegian right-wing mass murderer Anders Behring Breivik is representative of Europeans.
Ed Webb

Why Muslim-majority countries need secular citizenship and law-making | openDemocracy - 0 views

  • once a political system is based on a religion, it is almost impossible to define the citizens who do not follow that religion as “first class.” In Iran and Iraq, rising legal and political influence of Shiism has led the discrimination against Sunni citizens, and in Pakistan and Egypt the opposite has happened, to a certain extent. Moreover, several Christian and non-Muslim minorities have faced discrimination by various means, including apostasy and blasphemy laws, in Sudan and Malaysia, among other cases.
  • Truly maintaining equal citizenship to all regardless of their religious identities is crucial for Muslim-majority countries to achieve democratization, consolidate the rule of law, and end sectarian and religious tensions.
  • equal citizenship in Muslim-majority countries will empower those who defend rights of Muslim minorities facing persecution and even ethnic cleansing in such cases as China, India, and Myanmar, and experiencing Islamophobia in western countries. By maintaining the rights of their own minorities, Muslim-majority countries may gain stronger moral and legal grounds to defend rights of Muslim minorities at the global level.
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  • Islamic jurisprudence inherently contradicts democratic politics
  • In the twentieth century, secularist rulers adopted secular legal systems in Turkey, Iraq, Tunisia, and several other Muslim-majority cases. These assertive secularist regimes were mostly authoritarian. Therefore, they did not allow the law-making processes to be truly participatory. Secularism appears to be necessary but not sufficient for participatory legislation, too.
  • As my new book Islam, Authoritarianism, and Underdevelopment: A Global and Historical Comparison explains, there existed a certain level of separation between religious and political authorities in the first four centuries of Islamic history.That is why the first systematic book about “Islamic” politics was written as late as the mid-eleventh century. It was Mawardi’s The Ordinances of Government. The book argues that an Islamic government is based on a caliph (an Arab man from the Quraish tribe) to rule all Muslims. The caliph holds the entire political and legal authority and stays in power for life. The caliph delegates his legitimate authority to sultans, governors, and judges.The second book, which systematically defines an Islamic political system, was written in the early fourteenth century. It is Ibn Taymiyya’s Sharia-based Governance in Reforming Both the Ruler and His Flock. Instead of the one-man rule of a caliph, this book emphasizes the alliance between the ulema and the state authorities. Ibn Taymiyya interprets the only phrase in the Quran about authority, “uli’l-amr” (4:59), as referring to the ulema and the rulers (though other scholars have interpreted it differently).
  • To implement Mawardi’s idea of caliphate today would imply to establish an extreme autocracy. Ibn Taymiyya’s ideas are not helpful to solve modern political problems either. In fact, the ulema-state alliance is the source of various problems in many Muslim-majority countries.
  • To maintain a certain level of separation between Islam and legal systems may limit the exploitation of Islam for political purposes.
  • recent Islamization (at the political, legal and ideological levels) has weakened secular fundamentals of citizenship and law-making in many Muslim-majority countries.
Ed Webb

Tunisia's Compromise Constitution - Sada - 0 views

  • Despite the reassurances of articles 40 and 45 as safeguards for women’s rights in Tunisia’s next constitution, women’s rights groups nonetheless still see much work to be done. They fear that article 7, which defines the family as “the nucleus of society” might be used later to limit women’s rights. For example, this could mean limiting women’s right to a divorce in the name of protecting the family. They also argue that article 21, which states that “the right to life is sacred” could be used to ban abortion, which is currently legal in the early stages of pregnancy. More likely, women’s rights groups could use articles 20 and 45 to push for a revision of the inheritance law, which is currently based in Islamic law.
  • While Western observers praise the current text as the best and most modern constitution in the Arab world, many Tunisians say that they do not want to have the most modern one in the region, but would rather see a good, coherent constitution. As it stands, the text reflects well the antagonisms that shape Tunisian society itself—compared to the 1959 post-independence constitution, which was closer to the elite’s vision of society than to social reality. The new text also highlights Tunisia’s contradictions. It will be for the Constitutional Court, to be established for the first time in the country’s history, to find (for the roughly 150 articles of text) a coherent interpretation that aims to guarantee Tunisians a democratic future.
Ed Webb

3quarksdaily - 0 views

  • in a post-9/11 world, any non-state actor caught throwing a stone, be it the first stone or the thousandth, risks total warfare under the guise of counterinsurgency
  • The coming constitutional showdown between human law and divine law in the revolutionary Arab states may turn on the question of gay rights and sexual freedom generally
  • Mass, sustained civil disobedience at the corporate headquarters of insurance 'providers' and banks and petrol companies remains a long way off. Instead, Koch-funded campaigns continue to succeed at electing Republican governors who then refuse federal money to build high-speed rail networks . (See Wisconsin, Ohio, Florida, and more to come. Special shoutout to New Jersey.) When Americans begin to thirst for health care, re-pedestrianised cities, and the return of usury laws with the same fervor that Egyptians have shown in clamouring for democracy and the rule of law, only then will we know the revolution is here.
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  • may all the peoples of the world live free with leaders of their own choosing and with easy access to medical care as every human being deserves. Let's hope that something close to that awaits us all in this life
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