Lessons Learnt from Emerging Democracies in Arab Countries
In her opening remarks, Dr. Samiya Halileh, Birzeit University Vice-President for Community Outreach, stated that the “IoL is organising this symposium at the right time to elaborate on a major theme that is currently debated in the context of constitution development – the status of religion within national identity in line with legislation principles and terms of reference.” Current developments in the Arab Spring countries have given rise to thorny questions. Dr. Hulileh stated that “Over the past months, our researchers have examined this topic with a view to benefit from experiences of neighbouring Arab countries. In this symposium, we would like to contribute to the debate over the best formulas and potential options that befit Palestine in the area of national identity and sources of legislation.”
Mrs. Jamila Sahliyyah, NDC Representative, commended cooperation between the NDC and Birzeit University, stating that this symposium “is one in a series of activities that conclude the Religion and Human Rights in the Draft Palestinian Constitution project. This avant garde initiative has been implemented by the IoL with support from NDC’s Grants component of the Human Rights and Good Governance Secretariat.”
Mr. Jamil Salem, IoL Director, explained that components of the symposium “are designed in light of IoL’s mission and approach towards promoting academic thinking and critical analysis. In addition to adopting new trends in socio-legal studies, the symposium is a step forward to promoting interdisciplinary research on current developments and transformations across the globe. “We hope that these disciplines give rise to a new set of approaches in law as well as allow a departure from the closed world that characterises the legal thought and education.” Mr. Salem concluded.
The symposium comprised three sessions. Moderated by Dr. Islah Jad, Director of the Institute of Women’s Studies at Birzeit University, the first symposium session was entitled Religion and the State: Past and Present. Discussants analysed forms, patterns and tools of integrating religion within the state affairs, particularly through the constitutional text. They also assessed how deep would religion penetrate through the state functions. In addition uncovering to “hues of secularism”, participants traced down major phases of the relationship between religion and the state in the world in general, and in the Arab region in specific. Ms. Narmin Siyam, IoL researcher, made a presentation on How Do States Usually Deal with Religion in the Constitution? Dr. Majid Shihadah, Professor of International Studies at Birzeit University, presented a paper on Rediscovering Religion and Secularism. In his presentation, Dr. Ali as Sartawi, Professor of Law at the An Najah National University, provided an assessment of the Religious Position towards the Constitution of the Civil State. In conclusion, Dr. George Giacaman, Professor of Cultural Studies at Birzeit University, provided a comment on presentations delivered in the first symposium session.
In the second session on Experience of Arab Neighbours, presentations reviewed the current debate in several neighbouring countries, with a particular focus on Egypt and Tunisia. Discussants provided a comparison of pre- and post-revolution constitutional mobility regarding religion and state issues. They also addressed results and consequences of various approaches to deconstructing religion and human rights issues in the constitution. The session included talks by Dr. Ali Khashan, former Minister of Justice, on Religion in the Constitution in the Arab Spring Countries; Mohammed Khader, IoL researcher, on Problems of Integrating Religion within the Constitution: A Comparative Approach; and Bastien Ebalard, IoL research assistant, on Problems of Integrating Religion within the Constitution: The Tunisian Experience. Moderated Mrs. Randa Seniora, Executive Director of the Palestinian Independent Commission for Human Rights, Dr. Mudar Kassis, Professor of Democracy and Human Rights at Birzeit University, provided comments on papers presented in the second symposium session.
Moderated by Dr. Mustafa Mar’i, Professor of Law and Manager of the Religion and Human Rights in the Draft Palestinian Constitution project, the third symposium session on The Palestinian Experience was tailored to understand the Palestinian constitutional experience since establishment of the Palestinian National Authority, assessing whether Palestinians should reconsider how to address issues in question in light of changes the region has been witnessing since early 2011. Jamal al Khatib, Assistant to Secretary General of the Palestinian Legislative Council for Legal Affairs, made a presentation on How Has the Issue of Religion been Dealt with in the Palestinian Experience? Advocate Emilio Dabed, a specialist in constitutional issues, presented a paper entitled How Has the Issue of Religion been Dealt with in the Basic Law? Reeem al Butmeh, IoL researcher, overviewed Entry-points to Addressing Issues of Human Rights and Religion within the Constitution. Dr. Assem Khalil, Dean of the Faculty of Law and Public Administration, commented on papers presented in this session.
Towards the end of the symposium, Dr. Basem Zubeidi, Professor of Political Science at Birzeit University, summed up conclusions and made a briefing note about issues that need further research.
