HUMAN RIGHTS AND ISLAM SIS-619-035 Spring 2014

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Islam and Human Rights
Mokhtari
HUMAN RIGHTS AND ISLAM
SIS-619-035
Spring 2014
American University
School of International Service
Spring 2014
Thurs: 11:45AM-2:25PM
Room: Hurst 1
Professor Shadi Mokhtari
Office: 208 EQB (Old SIS Building)
Phone: (202) 885-6570
E-mail: mokhtari@american.edu
Office Hours: Please contact me via email for an appointment
COURSE DESCRIPTION:
Taking an interdisciplinary approach, this course examines human rights conditions and contests
in the contemporary Muslim World, with a particular focus on the Middle East and the dramatic
changes it is currently undergoing. In addition to an overview of prevailing human rights
conditions, the course examines the ways Islam and the human rights come to be formulated as
compatible or incompatible (or somewhere in between). In this manner, students become familiar
with the spectrum of Muslim perspectives on the international human rights framework and its
applicability to the Muslim World. Particular attention is paid to the social and political
dynamics behind differing views of human rights in the Muslim world and how these dynamics
are currently in flux as a result of the wave of protest and change sweeping the Middle East. The
course focuses extensively on contemporary case studies including the impact of the “War on
Terror” on views of human rights in the Muslim world, the politics of women rights in Morocco
and human rights in the era of protest and change in Iran, Egypt, Tunisia and Bahrain.
LEARNING OBJECTIVES:
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Gain a general understanding of prevailing human rights conditions in the Muslim world,
particularly Middle East.
Become familiar with the various human rights discourses employed by Islamists, state
officials, human rights proponents and popular movements in the Muslim world.
Gain insight into the domestic and international politics of human rights in Muslim
World contest.
Examine contemporary case studies which bring out the various angles and consideration
inherent in the “human rights and Islam/ human rights in the Muslim world” inquiry.
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Facilitate critical thinking on the subject-matter of the course.
LEARNING OUTCOMES:
At the end of the course, students should be able to:
• Describe the key areas of human rights concerns stemming from particular interpretations
and codifications of Islamic law.
• Identify diverse Muslim positions and associated theological worldviews on the question
of the compatibility of Islam and human rights.
• Analyze the political and social roots of human rights contests and discourses in the
Muslim world.
• Discuss the status of human rights in the Muslim world in a more conextualized and
critical perspective than is readily available in mainstream media and political discourse.
• Assess the promise and potential trappings of various advocacy strategies used (or
proposed) to promote human rights in the Muslim world.
ACADEMIC INTEGRITY CODE:
Standards of academic conduct are set forth in the University's Academic Integrity Code. By
registering, you have acknowledged your awareness of the Academic Integrity Code, and you are
obliged to become familiar with your rights and responsibilities as defined by the Code.
Violations of the Academic Integrity Code will not be treated lightly, and disciplinary actions
will be taken should such violations occur. Please see me if your have any questions about the
academic violations described in the Code in general or as they relate to particular requirements
for this course.
EMERGENCY PREPAREDNESS FOR INTERRUPTION OF CLASSES:
In the event of an emergency, American University will implement a plan for meeting the needs
of all members of the university community. Should the university be required to close for a
period of time, we are committed to ensuring that all aspects of our educational programs will be
delivered to our students. These may include altering and extending the duration of the
traditional term schedule to complete essential instruction in the traditional format and/or use of
distance instructional methods. Specific strategies will vary from class to class, depending on
the format of the course and the timing of the emergency. Faculty will communicate classspecific information to students via AU e-mail and Blackboard, while students must inform their
faculty immediately of any absence. Students are responsible for checking their AU e-mail
regularly and keeping themselves informed of emergencies. In the event of an emergency,
students should refer to the AU Student Portal, the AU Web site (www. prepared. american.edu)
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and the AU information line at (202) 885-1100 for general university-wide information, as well
as contact their faculty and/or respective dean’s office for course and school/ college-specific
information.
EARLY WARNING NOTICES:
Undergraduate students may receive Early Warning Notices within the first month of classes.
These notices are designed for you to contact your faculty, receive assistance, and develop
strategies to improve your performance in the class. Please note that you should seek help
throughout the semester when you have questions, fail to submit an assignment, fail to attend
class, or receive an unsatisfactory grade.
COURSE POLICIES:
1. Students are encouraged to bring laptops to class but for use in specified assignments
only. Students may not use laptops during class in all other circumstances (i.e. students
should not be using their laptops during lectures, class discussions, group discussions etc.
unless otherwise directed to do so). The only exception to this policy is in cases in which
a student has a documented special need to use one. Bring pen and paper to take handwritten notes. Any powerpoints used in class will be available on blackboard.
2. Students are expected to attend class regularly and attendance will be taken at the
beginning of each class. Excessive absences may result in grade deductions or an “X”
grade for the semester. More than three unexcused absences will impact a student’s grade
and students with more than three unexcused absences will be asked to meet with the
instructor to discuss their absences.
3. Extensions are granted only in cases of documented illness or special need. Late papers
are docked ten points for every day they are late.
GRADE RANGE:
“A” : 93.5 and above (Excellent, Surpasses Expectations)
“A-“ : 89.5- 93.49%
“B+”: 86.5- 89.49%
“B”: 83.5- 86.49% (Good, Meets Expectations)
“B-“: 79.5-83.49%
“C+”: 76.5-79.49%
“C” : 73.5-76.49% (Meets Most, but not all Expectations)
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“C-“: 69.5-73.49%
“D”: 59.5-69.49
“F”: 59.49 and below (Failed to Meet Any Minimum Expectations)
COURSE REQUIREMENTS:
The grade for this course will be comprised of the following:
Category
Points
Class Participation/ Pop Quizzes
20%
Case Study Papers and Presentation
40%
Human Rights in the News Presentation
10%
Final Paper
30%
Total
---100%
Participation/ Pop Quizzes:
Students are expected to come to class clearly prepared- meaning they have read and to some
extent digested the assigned readings. There will be from 2 to 4 unannounced pop quizzes that
will be designed to determine whether you have carefully read and are able to reflect on the
material assigned for that class. The questions will be short essay form. In addition, where there
are classes in which films are shown or you are to visit an off-campus site, you may be given a
brief assignment such as a questionnaire or two page reflection paper to gage whether you
attended and how you engaged with the film/ field trip. Only students with verifiable illnesses or
emergencies causing them to miss a class on which a quiz is taken or alternative assignment is
assigned will be given an opportunity to make up the quiz/assignment. Otherwise, students will
not be able to make up the quiz/ assignment. The instructor will also consider the level and
quality of your in-class participation in determining this portion of your grade.
Human Rights in/and the Muslim World in the News Submission:
Each student will sign up for a date on which to make a brief five minute presentation to the
class about either an interesting human rights issue relating to the Muslim world found in the
news of the previous week or a human rights event such as panel, rally, news conference, film
etc. that took place this semester and preferably that the student attended. Please note: this
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assignment is intended for you to contribute something new and timely to the class. Thus, you
should select your topic carefully and ensure that it does not replicate topics already being
covered in the class or presented by your classmates. Making links to the class’s themes and
discussions will however strengthen your grade. In other words, the topic should build on, not
reproduce what we already know. Feel free to e-mail me your topic for feedback.
Four Part Case Study:
Students are required to choose a particular Muslim world country in the midst of protest and
change today and submit four 3 to 4-page papers on the following topics.
On your own and before you begin writing these papers you should research and familiarize
yourself with the primary human rights violations/ concerns in the country you have chosen and
their root causes. You should have a good sense of rights violations traditionally associated with
repressive regimes or state excesses and rights violations in some way associated with Islamic
principles or Islamic law. Although human rights reports can serve as an important resource, try
to go beyond them and dig deeper, taking an analytical look from a distance in order to uncover
the underlying roots of the human rights issue and primary challenges in addressing them. You
should be using critical analytical skills from the start. For example, you come across a source
that tells you the root of a particular violation is “Islam”, try to dissect that to better understand
what “Islam” means in this instance and show that there is or is not more complexity involved.
Be prepared to discuss the human rights conditions of your country if asked to in class.
Once you have a good grasp of the human rights situation in your selected country, you are to
write a paper on the following three topics:
1. The state’s response to the international human rights framework. How has the state
responded to the international human rights framework? What human rights treaties has it
ratified and what if any reservations has is it entered with these ratifications? Has the
state created any national human rights institutions or bodies? What is the official state
position on human rights? Is it or has it been a member of the UN Human Rights
Council? Has it participated in a Universal Periodic Review Process? Describe notable
aspects of such international engagements. What if any human rights discourses has it
deployed/ human rights concessions has it made since protests began in the Middle East?
You do not have to answer all of these questions, but I am looking for fairly
comprehensive coverage and demonstration of research.
Here are a couple of links to get you started:
Reservations to CEDAW
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http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm
List of National Human Rights Bodies:
http://www.nhri.net/NationaldataListPrint.asp?MODE=1&ID=2 Note, this is from 2010.
If you do not find your country on this list, keep looking and you may find information
elsewhere.
2. Islamist party/ movement discourses on/ treatment of human rights. Identify Islamist
discourses on and actual treatment of human rights in the country you are examining. Do
Islamists use human rights discourses to challenge the ruling/ previous government?
What is their position on Islamic law where there are human rights concerns? How (if at
all) have Islamist positions/ discourses on human rights changed/ evolved? What type of
interactions do they have with domestic and international human rights forces? If you are
not finding many direct links to “human rights”, look for related terms such as civil
rights, freedom of expression, women’s rights and minority rights.
3. Domestic and International human rights advocacy initiatives/ movements/NGOs and
their human rights promotion strategies. Identify local and international human rights
advocates working in your country. How do they approach human rights promotion?
How effective are they? How have youth activists and movements used human rights
ideas and discourses? Please consult the “human rights strategies” handout in your course
content section to get a sense of strategies traditionally used by human rights advocates.
Each paper will be due by 11:59pm on the Thursday after the class in which we discuss the topic.
Each student will have a country blog on the course’s blackboard page and will post his or her
paper on that blog (again by 11:59pm on the Thursday following the class discussion of the
topic).
Research- While it is likely that much of the research you gather for these papers will be from
non-academic sources, you are expected to include one to academic sources (beyond those
assigned for class) in your papers. This means using scholarly books or articles. If you cannot
find scholarly sources directly addressing your country and topic, you can look at appropriate
academic sources that approach the topic more broadly (e.g. Islamists and human rights, human
rights advocacy methods, state responses to human rights pressure etc.)
Case-Study Presentations As a fourth component of their case study, students will sign up to
present to the class the most significant findings of one of their case study papers. You do not
have to tell us everything that you found in your research and there is no strict formula for the
content. Think of your classmates and what they would find engaging and what would bring a
new/ added angle to the class. You should generally use powerpoints and incorporate images and
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videos into your presentations. Please arrange to use your own laptops and if you are using a
Mac, please make sure you have the correct adaptor for the projector. The following are some
general presentation tips:
1. Stand up.
2. Practice your presentations enough times that it flows and you are clearly familiar and
comfortable with the material.
3. Get the most important points across concisely.
4. You should primarily be looking at your audience. Do not look at the projector screen,
your laptop screen or your notes for more than a few seconds at a time if need be.
5. Your voice and demeanor should convey energy and interest in the topic. If you are not
interested in the topic, you have chosen the wrong material to present.
6. You should not put too much written information on any one slide. Most slides should
have relevant images.
Research/ Term Paper
Students are to write a 10-12 page analytical paper on an approved topic. The assignment
requires research and engagement with scholarly literature. The paper topic is to be submitted to
the instructor via e-mail by March 25th for approval. A printed hard-copy of the final paper is due
on April 22, the last day of class.
Grades for your term papers will be based on the following criteria:
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Demonstration of quality research, including significant consultation of academic
literature and library resources.
Extent to which the paper is focused and clearly answers the question posed.
Quality of analysis. This includes your ability to link your writing to course concepts and
display creativity and critical thought in your treatment of the topic.
Proper grammar, punctuation, good word choice and sentence construction. This will
usually mean allowing enough time to edit your paper and put effort not only in the
content of your paper, but the writing.
Organization of your paper. The paper has an appropriate length introduction and
conclusion. Ideas are organized into appropriate length paragraphs. There is a logical
order to the way paragraphs are organized.
Proper citation. The MLA citation system is recommended. Make sure you are citing any
ideas you are taking from other sources, even if you are using your own words in
presenting them. Students who are not clear about proper citation should seek assistance.
REQUIRED BOOKS:
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Shadi Mokhtari, After Abu Ghraib, Exploring Human Rights in America and the Middle East
(Cambridge, 2011).
Zakia Salime, Between Feminism and Islam: Human Rights and Sharia Law in Morocco.
Minneapolis: University of Minnesota Press (2011).
COURSE SCHEDULE:
January 14
Session 1 - Course Overview and Introductions
January 21
Session 2- The International Human Rights Project and its Critics
Readings:
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Paul Gordon Lauren, “My Brothers and Sister’s Keeper: Visions and the Birth of Human
Rights” in The Evolution of International Human Rights: Visions Seen (2003) pp. 4-28.
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Marie Benedicte Dembour, “What are Human Rights: Four Schools of Thought” Human
Rights Quarterly (2010) pp 1-8 only.
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Except from Makau Mutua, “Savages, Victims, and Saviors: The Metaphor of Human
Rights” Harvard International Law Journal (2001) pp 201-209 are assigned, but this is a
provocative and classic piece in the literature. I encourage anyone who has the time to
read beyond p 209.
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Micheal Freeman, “The Problem of Secularism in Human Rights Theory” Human Rights
Quarterly 26 (2004) pp 374-400.
Optional:
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David Kennedy, Chapter 1, “The International Human Rights Project: Part of the
Problem” in The Dark Side of Virtue (Princeton UP, 2004) pp. 3-37, available at
http://press.princeton.edu/chapters/s7711.html
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Abdullahi An-Naim, "Introduction: "Area Expressions" and the Universality of Human
Rights: Mediating a Contingent Relationship", in David P. Forsythe and Patrice C.
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MacMahon, editors Human Rights and Diversity: Area Studies Revisited, (2003), pp. 121, available at http://www.law.emory.edu/aannaim/pdfiles/area.pdf
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Excerpt on Duty-based Social Orders from Steiner, Alston and Goodman Eds.,
International Human Rights in Context, Law, Politics, Morals (2007), pp. 496-503.
January 28
Session 3- Applying the Human Rights Framework to the Muslim World
Readings:
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Excerpt from Eva Brems, Human Rights: Universality and Diversity, “Islam and Human
Rights Views” pp. 183-266.
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Abdul Al’a Maududi, Human Rights in Islam (The Islamic Foundation, 1978). Available
online at
http://www.jamaat.org/new/library/moalana%20english%20books/Typed%20books/Hum
an_Rights_in_Islam.pdf
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Chapters 2 and 8 in Abdolkarim Soroush, Reason, Freedom and Democracy in Islam:
The Essential Writings of Abdolkarim Soroush, Mahmoud Sadri and Ahmad Sadri eds.
(Oxford, 2000). pp. 26-39 and 122-131.
February 4
Session 4- The response from the State
Readings:
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Excerpt from Eva Brems, Human Rights: Universality and Diversity, “Islamic
reservations to human rights conventions” pp. 267-280.
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Sonia Cardenas and Andrew Flibbert, “National Human Rights Institutions in the Middle
East,” Middle East Journal 59 (2005): 411-436.
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Turan Kyaoglu, “A Rights Agenda for the Muslim World” (Brookings Institution,
January 2013) available at:
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http://www.jamaat.org/new/library/moalana%20english%20books/Typed%20books/Hum
an_Rights_in_Islam.pdf
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Shadi Mokhtari “Human Rights Rhetoric Grows in the Middle East” Al Jazeera English
http://aljazeerait.net/indepth/opinion/2011/08/2011821125530810640.html
***Case Study Assignment #1 Due by 11:59pm on Thursday Feb. 6th.
February 11
Session 5- Islamists and Human Rights
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Shadi Mokhtari, Section on “Traversing the Religious and the Secular in Human Rights”
in After Abu Ghraib: Exploring Human Rights in America and the Middle East. pp 183198.
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Benjamin MacQueen, “The reluctant partnership between the Muslim Brotherhood and
human rights NGOs in Egypt” in Islam and Human Rights in Practice: Perspectives from
Across the Ummah (Rutledge, 2006). pp. 75-88.
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Chapter 3 in Bruce Rutherford, Egypt After Mubarak (Princeton UP, 2010) pp. 77-113.
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Greg Feely, “Indonesian Islamist Perspectives on Human Rights” in Islam and Human
Rights in Practice: Perspectives from Across the Ummah (Rutledge, 2006). pp.142-153.
***Case Study #2 Due by 11:59pm on Thursday Feb. 13th.
February 18
Session 6 – Human Rights Advocacy in the Muslim World
Readings:
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Anthony Chase, “The Tail and the Dog: Constructing Islam and Human Rights in
Political Context ” in Human Rights in the Arab World, Independent Voices (University
of Pensylvania Press, 2008).
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Naz K. Modirzadeh, “Taking Islamic Law Seriously: Islamic Law and the Battle for
Muslim Hearts and Minds” Harvard Human Rights Review (2006) available at
http://www.law.harvard.edu/students/orgs/hrj/iss19/modirzadeh.shtml
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DAM “If I Could Go Back in Time” Song Debate:
Nihad Khader, “Dam: Crime, Honor and Hip-Hop” Jadaliyya (Nov 14, 2012)
http://www.jadaliyya.com/pages/index/8367/dam_crime-honor-and-hip-hop
The Lyrics to the song are on DAM’s website at:
http://www.damrap.com/media/clip/dam-featuring-amal-murkus-if-i-could-go-backtime/162
Lila Abu Lughod and Maya Mikdashi, “Tradition and the Anti-Politics Machine: DAM
Seduced by the ‘Honor Crime’” Jadaliyya (Nov. 23, 2012).
http://www.jadaliyya.com/pages/index/8578/tradition-and-the-anti-politicsmachine_dam-seduce
Tamer Nafar, Suhell Nafar, and Mahmood Jrery, “DAM Responds: On Tradition and the
Anti-Politics of the Machine” Jadaliyya (Dec, 26, 2012).
http://www.jadaliyya.com/pages/index/9181/dam-responds_on-tradition-and-the-antipolitics-of
Lila Abu Lughod and Maya Mikdashi, “Honoring Solidarity During Contentious Debates:
A Letter from Lila Abu Lughod and Maya Mikdashi” Jadaliyya (Dec 26, 2012).
http://www.jadaliyya.com/pages/index/9249/honoring-solidarity-during-contentiousdebates.-.-
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Joe Stork, “Three Decades of Human Rights Activism in the Middle East: An Ambiguous
Balance Sheet” in Social Movements, Mobilization and Contestation in the Middle East,
Joel Beinin and Frederick Vairel Eds. (Stanford University Press, 2011)
February 25
Session 7- The Post-9/11 Era: Leading up to Protest and Change in the Middle East
In Class Film: The Oath
Readings:
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Shadi Mokhtari, After Abu Ghraib, Exploring Human Rights in America and the Middle
East (Cambridge, 2009)
***Case Study Four Due by 11: 59 Thursday Feb 27th.
March 4
Session 8: Women’s Rights in Morocco
In-Class Film: Divorce, Iranian Style
Readings:
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Zakia Salime, Between Feminism and Islam: Human Rights and Sharia Law in Morocco.
Minneapolis: University of Minnesota Press (2011).
March 11
Spring Break
March 18
Session 9-Iran: Human Rights and the Green Movement
Readings:
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Select Chapters in Nader Hashemi and Danny Postel, The People Reloaded: The Green
Movement and the Struggle for Iran's Future (Melville House, 2011) P. 41-52, 82-108,
109-119, 140-164, 168-172, 271-276, 332-345
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Shadi Mokhtari, “Green Movement, Clerical, Activist and Public Responses to
Heightened Repression since the 2009 Presidential Elections in Iran: A Survey and
Assessment of Implications for Political Change” USIP Report/ Project Chapter (This
chapter is not yet published. Please do not distribute or cite without speaking to me first).
March 25Session 10- Egypt: Human Rights Amid Protest and Change
Compilation of articles to be provided later in the semester.
***Final Paper topic is due
April 1
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Session 11- Tunisia: Human Rights Oriented Islamism?
In-Class Film: Tunisia, Year Zero
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Christopher Alexander, “Tunisia, the Best Bet” The Islamists Are Coming (USIP Press,
2012).
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Paper on an-Nahda’s treatment of democracy and human rights since being Elected to
power to be made available by instructor.
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Jeremy Ferell, “Tunisian Constitution: Text and Context” Jadaliyya (August 23, 2012)
http://www.jadaliyya.com/pages/index/6991/tunisian-constitution_text-and-context.
April 8
Session 12- Bahrain: The Limits of the Human Rights Framework
In Class Film: Shouting in the Dark
Readings:
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“Popular Protests in North Africa and the Middle East III: the Bahrain Revolt” Report of
the International Crisis Group (April 6, 2011).
http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iran%20
Gulf/Bahrain/105%20Popular%20Protests%20in%20North%20Africa%20and%20the%20Middle%20East
%20-III-The%20Bahrain%20Revolt.ashx
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Executive Summary of “Popular Protests in North Africa and the Middle East VIII: the
Bahrain Revolt” Report of the International Crisis Group (July 28, 2011).
http://www.crisisgroup.org/en/regions/middle-east-north-africa/iraq-irangulf/bahrain/111-popular-protest-in-north-africa-and-the-middle-east-viii-bahrains-rockyroad-to-reform.aspx
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Visit the Website of the Bahrain Center for Human Rights at
http://www.bahrainrights.org/en and read through its recent Posts.
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Browse through the following:
Bahrain Independent Commission of Inquiry Report (Nov. 23, 2011)
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http://www.bici.org.bh/BICIreportEN.pdf
One Year Later: Assessing Bahrain’s Implementation of the BICI Report
http://pomed.org/wordpress/wp-content/uploads/2012/11/POMED_BahrainReport_webFINAL.pdf
The English Language Twitter feed of the al Wefaq Party:
https://twitter.com/AlWefaqEN
April 15
Session 13- A Human Rights Revolution in the Middle East?
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Introduction in Assef Bayat, Life as Politics: How Ordinary People Change the Middle
East (Stanford UP, 2010)
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Olivier Roy, “The Transformation of the Arab World” Journal of Democracy (July 2012)
available at http://journalofdemocracy.org/sites/default/files/Roy-23-3.pdf
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Chapters 1 and 8 in Anthony Tirado Chase, Human Rights, Revolution and Reform (Anne
Reiner, 2012).
April 22
Session 14- Course Wrap-up
***Final Papers Due
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