Letters sent |
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CAFMENA Letters Sent Following are the contents of letters the Committee on Academic Freedom on the Middle East and North Africa (CAFMENA) has sent to heads of state, government officials, or other authorities in the past months. CAFMENA letters are also printed in the MESA Newsletter.
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The Honorable Condoleezza Rice
Dear Secretary Rice: MESA is committed to fostering the free exchange of knowledge as a human right and to inhibit infringements on that right by government restrictions on scholars. The United Nations’ Universal Declaration of Human Rights, Covenant on Civil and Political Rights and Covenant on Economic, Social and Cultural Rights provide the principal standards by which human rights violations are identified today. Those rights include the right to education and work, freedom of movement and residence, and freedom of association and assembly. Infringements include governmental refusal to allow scholars to conduct scholarly research, publish their findings, deliver academic lectures, and travel to international scholarly meetings. We believe that the denial of visas to these academics represents just such an infringement. We urge you to reconsider the recent decision to deny visas to the Cuban scholars scheduled to participate in the XXVI International Congress of the Latin American Studies Association. Intellectual exchange and scholarly collaboration across national borders is essential for our community. It is critical for foreign scholars to have freedom of access to our academic meetings—and just as critical for American scholars to be free to engage in scholarly argument about significant contested issues in our fields. These activities only benefit us all.
Sincerely, |
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His Excellency Sheikh Nahyan bin Mubarak Al Nahyan Your Excellency: I am writing on behalf of the Committee on Academic Freedom of the Middle East Studies Association of North America. We wish to express our concern regarding the firing in early February of Claudia Kiburz, a teacher in the English Language Center of Zayed University. We view her dismissal as a violation of academic freedom and the right to freedom of expression, and urge you to reinstate Ms. Kiburz to her position. The Middle East Studies Association of North American (MESA) was founded in 1966 to promote scholarship and teaching on the Middle East and North Africa. The preeminent organization in the field, the Association publishes the International the International Journal of Middle East Studies and has more than 2600 members worldwide. MESA is committed to ensuring academic freedom and freedom of expression, both within the region and in connection with the study of the region in North America and elsewhere. According to information provided to our committee, you ordered Ms. Kiburz’s dismissal on February 7, 2006, several days after she had initiated a discussion in her class regarding the controversial and insulting caricatures of the Prophet Muhammad that had appeared months earlier in a Danish newspaper and were later republished elsewhere. During this discussion Ms. Kiburz reportedly also displayed to the students some of the caricatures in question. A number of students complained to the university administration, and a text-message campaign against Ms. Kiburz apparently ensued. As far as we can determine, your decision to dismiss Ms. Kiburz was issued in a summary fashion, without any regard to procedural safeguards and processes that faculty should have to protect their rights and to contest administrative actions taken against them. According to news reports, Andrew Hirst, the head of the English Language Center, was also dismissed. He was reinstated to his position the following week, but we understand that he has been told that his contract will not be renewed. We believe that any university decisions regarding Mr. Hirst’s contract should not be taken for punitive purposes as a result of this incident. In a statement about this case to media in the United Arab Emirates, you wrote: “Despite the freedom of expression and tolerance that we have in our country and all academic institutions, the professor of English at Zayed University has no right to behave like this.” We respectfully disagree. We recognize that many Muslims have taken offense at these caricatures of the Prophet, and we share your revulsion to the anti-Muslim prejudices that some of them manifestly embody. However, the right to academic freedom in the classroom, if it is to have any meaning, must extend to materials that some might find offensive or objectionable, and with which they strongly disagree. From the information we have been able to obtain, it appears that in this case the teacher was attempting to discuss issues related to freedom of expression, using the caricatures as a case in point. There has been no suggestion from any quarter that she was attempting to incite hatred of Muslims or any persons or group. Ms. Kiburz’s classroom initiative in this instance falls well within the realm of protected speech, and her dismissal constitutes a clear infringement of her academic freedom as well as that of the community of Zayed University. We therefore urge you to rescind her dismissal without delay and extend to her an offer of unconditional reinstatement. We also reiterate our concern that no punitive measures be taken against Mr. Hirst in connection with this matter. We look forward to your positive response in this important matter. Sincerely,
Juan R.I. Cole |
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Mr. Recep Tayyip Erodgan
Dear Prime Minister Erdogan,
The Middle East Studies Association of North
American (MESA) was founded in 1966 to promote
scholarship and teaching on the Middle East and
North Africa. The preeminent organization in the
field, the Association publishes the
International Journal of Middle East Studies and
has more than 2600 members worldwide. MESA is
committed to ensuring academic freedom and freedom
of expression, both within the region and in
connection with the study of the region in North
America and elsewhere.
We urge the government of Turkey to initiate the
steps necessary to remove article 301 from the
country’s Penal Code. Article 301 criminalizes any
“insult” to “Turkishness”, the Turkish Parliament,
the Turkish government, or the military and security
forces. It is difficult to imagine how the
government could prosecute a person under this law
without violating Turkey’s obligations, under
Article 10 of the European Human Rights Convention
and Article 19 of the ICCPR, to guarantee and
protect freedom of expression. Freedom of expression
lies at the core of academic freedom. At the very
least we encourage you to instruct the Prosecutor
General to drop immediately the charges against Mr.
Tas and desist from bringing such charges in the
future under the provisions of Article 301 of the
Penal Code as a way of punishing and intimidating
academics, publishers, public intellectuals and
other Turkish citizens who express ideas a views of
Turkish history and politics at variance with those
of the authorities. |
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His Excellency Husni Mubarak Your Excellency:
I write on behalf of the Committee on Academic
Freedom of the Middle East Studies Association to
protest the banning in Egypt of a book published by
the American University in Cairo Press, Wahhabi
Islam: From Revival and Reform to Global Jihad
by Natana J. DeLong-Bas for Egyptian scholarly
audiences. The Middle East Studies Association and its Committee on Academic Freedom of course take no position on the contents of this or any other book. It is the principle of academic freedom and the rights of citizens generally to free expression and to receive and impart information which is at stake here. These rights are guaranteed under Article 19 of the International Covenant on Civil and Political Rights, to which Egypt is a state party, and can be restricted only for sound reasons of national security, public order, or public health and morals. The banning of this book, particularly in the university setting of an academic press, clearly exceeds these permissible grounds for restriction. Furthermore, the Universal Declaration of Human Rights, to which Egypt is a party, states in its preamble that member states pledge themselves “that every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms.” DeLong-Bas’s Wahhabi Islam is being widely discussed by Muslim and other scholars around the world who look to al-Azhar and Egypt as respected centers of Islamic learning and intellectual leadership. It would be deplorable if a ban on the book makes it impossible for Egyptian citizens to contribute constructively to this discussion. This would be particularly unfortunate at a time when democratization is under lively discussion within Egypt and your government has committed itself to significant steps in that direction. Book-banning and similar acts of official censorship help to sustain a climate of intolerance that is debilitating to society in general and to intellectual life in particular. We ask you to take steps now to end official and state-sanctioned book-banning in Egypt, and thereby to affirm publicly your government’s commitment to the rights of free expression and the free flow of ideas that are fundamental to a civilized society. Respectfully yours,
Juan R.I. Cole cc:
Grand Imam of Al-Azhar Sheikh Mohamed Sayed Tantawi |
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Prime Minister Recep
Tayyip Erdogan Dear Prime Minister Erdogan: I write to you on behalf of the Middle East Studies Association of North America, and its Committee on Academic Freedom, in order to express our grave concern over the prosecution of Orhan Pamuk for allegedly “denigrating national identity” during an interview published in the Swiss magazine, Das Bild (February 6, 2005). Mr. Pamuk, a world-renowned novelist who has been a visiting scholar at a number of North American universities and a member of this association, is scheduled to appear in court on December 16, 2005 and will be tried under Article 301/3 of the Turkish Penal Law. If he is found guilty, he may face up to 8 years in prison. The Middle East Studies Association of North America (MESA) is comprised of 2600 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and freedom of expression in the region and in connection with the study of the Middle East and North Africa in North America and elsewhere. Trying Mr. Pamuk on these charges is in direct violation of his civil and human rights. As a member state of the Council of Europe and a signatory to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and as a state party to the International Covenant for Civil and Political Rights (ICCPR), Turkey is required to protect freedom of expression. Because these rights are also enshrined in the Turkish Constitution of 1982, a judge will have every reason to throw out the case on the first hearing. We urge strongly your government avoid this embarrassment and act now to dismiss the charges against Mr. Pamuk, in the interest of justice and Turkey’s reputation. We further urge the government of Turkey to initiate the steps necessary to remove Article 301 from the country’s Penal Code. Article 301 criminalizes any “insult” to “Turkishness,” the Turkish parliament, the Turkish government, or the military and security forces. It is difficult to imagine how the government could prosecute a person under this law without violating Turkey’s obligations, under Article 10 of the European Human Rights Convention and Article 19 of the ICCPR, to guarantee and to protect freedom of expression. Freedom of expression lies at the core of academic freedom. At the very least, we encourage you to instruct the Prosecutor General to drop immediately the charges against Mr. Pamuk and desist from bringing any such charges in the future under the provisions of Article 301 of the Penal Code as a way of punishing and intimidating academics, public intellectuals, and other Turkish citizens who express ideas or views of Turkish history at variance with those of the authorities. Thank you very much for your attention to this matter, and we look forward to your positive response.
Sincerely,
Ayatollah
Ali Khamenei
Fax:
212-867-7086 The Ayandeh Research Institute conducted the opinion polls in question for the U.S.-based Gallup Organization and the Zogby Polling Institute. One poll was part of an international survey of values in Muslim societies; the other, conducted a week before the June 2001 presidential election in Tehran, surveyed popular perceptions of Iranian-U.S. relations. According to a submission Dr. Ghazian made to the Supreme Court, during his period of incarceration the authorities kept him in solitary confinement and subjected him to physical and psychological abuse. He also was denied the right to communicate regularly with his lawyers and family, in violation of Iran’s constitution. The legal office in Iran’s Ministry of Foreign Affairs, in response to requests by Dr. Ghazian’s lawyers, stated in 2004 that the Islamic Republic does not consider the United States to be a belligerent state. However, Judge Mortazavi has to this point refused to allow this and other documents in the case to be reviewed by the Supreme Court. Your Excellency, the Judiciary of the Islamic Republic of Iran falls directly under your authority. Dr. Ghazian, who in several weeks will have spent three years in unjust detention, has been convicted and sentenced solely for acts that are protected under Article 19 of the International Covenant for Civil and Political Rights, to which Iran is a state party. We urge you to take steps to secure his immediate and unconditional release and dismissal of the unjust charges on which he was convicted. We look forward to your positive response to this request, and thank you in advance for your attention to this important matter.
Sincerely
yours, Cc: Ambassador Zarif, IRI Mission to the UN
September 6, 2005
By Facsimile: 972 2 651 2631 We write to you to express our grave concern over the impact Israel’s security barrier is having on the Palestinian educational system in East Jerusalem. In practical application, the barrier infringes on the academic freedom and right to education of hundreds of teachers and thousands of pupils by effectively denying access to East Jerusalem schools. We urge you to take decisive action that will guarantee the full right of access of all Palestinian teachers to their schools in East Jerusalem and the right of education to all Palestinian students. The Middle East Studies Association of North America (MESA) comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and freedom of expression in the region and in connection with the study of the Middle East and North Africa in North America and elsewhere.
Israel’s security barrier has nearly been completed
in the Jerusalem area. In this area, the barrier is
being built entirely on Palestinian lands occupied
in the 1967 war, in clear contravention of
International Humanitarian Law. Because it is being
built deep inside Palestinian areas, the barrier has
cut off Palestinian neighborhoods in East Jerusalem
from surrounding Palestinian communities making it
nearly impossible for teachers living in the
outlying areas from reaching their schools in East
Jerusalem.
We have further concerns over the potential of
unwarranted delays in crossing the barrier even for
those teachers who have the necessary paperwork;
this has been a common problem elsewhere for
Palestinians seeking to cross the barrier or pass
other military checkpoints in the West bank.
Punitive or other delays not linked directly to
immediate and legitimate security risks would
likewise constitute an abridgement of the
Palestinians’ right to education.
Sincerely yours,
H.E. Tatoul Markarian By facsimile 202-319-2982
Your Excellency: Ali Banuazizi
June 22, 2005
Your Highness:
Prof. Al-Faleh was convicted of the
most specious of charges, including sowing disorder
in society, disobeying the authorities and issuing
declarations to public opinion inside and outside
the country (as quoted in al-Hayat, May 16,
2005, p. 1). None of these charges involve acts of
violence or threats of violence against the
government or any persons. In fact, Prof. Al-Faleh
has been convicted of exercising his
universally-acknowledged right to freedom of
speech. His conviction not only contravenes global
standards of academic freedom, it also runs counter
to international and Arab covenants to which Saudi
Arabia is a party. Yours sincerely, Ali Banuazizi President, Middle East Studies Association Professor, Boston College cc: Prince Bandar bin Sultan bin Abdulaziz, Ambassador of the Kingdom of Saudi Arabia to the United States
Prime Minister Ariel Sharon By Facsimile: 972 2 651 2631 Dear Prime Minister Sharon: On behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom, I am writing to express our strong opposition to the May 2, 2005 decision of the Israeli Cabinet to upgrade the status of the College of Judea and Samaria, located on the West Bank settlement of Ariel, to university status. Since that decision is subject to the approval of the Council on Higher Education, we are writing separately to that committee to urge rejection of the decision. [MESA is...] Our objection to this decision is based on the fact that Israel’s settlements on the West Bank and in the Gaza Strip are in violation of international humanitarian law. Article 49 (6) of the Fourth Geneva Convention (1949) specifically forbids an occupying power from transferring and settling its own citizens in occupied territory. Article 55 of the Hague Regulations (1907) prohibits creating permanent changes in an occupied territory that are not intended to benefit the protected persons of that territory—in this case, the Palestinian inhabitants of the West Bank. It is manifestly clear that this college, like the settlement of Ariel, is not intended to benefit the area’s Palestinian inhabitants. The College of Judea and Samaria has already increased the traffic of Israeli citizens to the illegal settlement of Ariel. The college’s faculty and students are prime users of the Trans-Samaria Road, a four-lane highway built on confiscated Palestinian land. Palestinians, including those whose land was confiscated to build this highway, are prohibited from using major portions of that road. West Bank Palestinians, moreover, are absent from the faculty and student body of the college. The establishment of an institution of higher learning in an illegal settlement thus creates an additional obstacle to Israel’s compliance with international law. Indeed, the college to be upgraded lies in an area where the Israeli government is obliged to freeze all construction work under the “Roadmap” peace plan drafted by the United States, the European Union, Russia and the United Nations, endorsed by U.N. Security Council Resolution 1515 (2003), and accepted by your government. Despite your government’s commitments in this regard, you were quoted as saying, in supporting this decision regarding the college, that it is “in keeping with government policy, which views strengthening the settlement blocs as being among its goals.” MESA’s Committee on Academic Freedom holds that the free exchange of ideas is among the human rights identified by the United Nations’ Universal Declaration of Human Rights, Covenant on Civil and Political Rights and its Covenant on Economic, Social and Cultural Rights. This spirit of freedom of inquiry and exchange is the essence of what higher education should embody. It is clear that such exchange cannot occur at an institution of higher learning built on confiscated land and in clear violation of international humanitarian law. Moreover, upgrading the College of Judea and Samaria to the status of university, on a par with Israel’s other universities inside its internationally-recognized borders, would demean the reputation of the latter by giving an illegal institution equal standing with the recognized high standards of Israel’s universities as a whole. For these reasons, we strongly recommend that your government not proceed to upgrade the College of Judea and Samaria to university status, but rather relocate its facilities to a location inside Israel’s internationally recognized borders in order to provide educational opportunities to its present and prospective students. Israel must respect its obligations under international law and not tie legitimate educational requirements to its illegal settlement drive.
Sincerely, Cc:
Minister of Education Limor Livnat, and Chair,
Council of Higher Education June 14, 2005
Minister of Education,
Culture, and Sports Limor Livnat By Facsimile: 972 2-5602246 Dear Minister Livnat: On behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom, I am writing to you and to the members of the Council for Higher Education, to request that the Council reject the May 2, 2005 request of the Israeli Government to accredit the College of Judea and Samaria, located on the West Bank settlement of Ariel as a university. [MESA is...] Our objection to this decision is based on the fact that Israel’s settlements on the West Bank and in the Gaza Strip are in violation of international humanitarian law. Article 49 (6) of the Fourth Geneva Convention (1949) specifically forbids an occupying power from transferring and settling its own citizens in occupied territory. Article 55 of the Hague Regulations (1907) prohibits creating permanent changes in an occupied territory that are not intended to benefit the protected persons of that territory—in this case, the Palestinian inhabitants of the West Bank. It is manifestly clear that this college, like the settlement of Ariel, is not intended to benefit the area’s Palestinian inhabitants. The College of Judea and Samaria has already increased the traffic of Israeli citizens to the illegal settlement of Ariel. The college’s faculty and students are prime users of the Trans-Samaria Road, a four-lane highway built on confiscated Palestinian land. Palestinians, including those whose land was confiscated to build this highway, are prohibited from using major portions of that road. West Bank Palestinians, moreover, are absent from the faculty and student body of the college. The establishment of an institution of higher learning in an illegal settlement thus creates an additional obstacle to Israel’s compliance with international law. Indeed, the college to be upgraded lies in an area where the Israeli government is obliged to freeze all construction work under the “Roadmap” peace plan drafted by the United States, the European Union, Russia and the United Nations, endorsed by U.N. Security Council Resolution 1515 (2003), and accepted by the government of Israel. MESA’s Committee on Academic Freedom holds that the free exchange of ideas is among the human rights identified by the United Nations’ Universal Declaration of Human Rights, Covenant on Civil and Political Rights and its Covenant on Economic, Social and Cultural Rights. This spirit of freedom of inquiry and exchange is the essence of what higher education should embody. It is clear that such exchange cannot occur at an institution of higher learning built on confiscated land and in clear violation of international humanitarian law. Moreover, upgrading the College of Judea and Samaria to the status of university, on a par with Israel’s other universities inside its internationally-recognized borders, would demean the reputation of the latter by giving an illegal institution equal standing with the recognized high standards of Israel’s universities as a whole. For these reasons, we strongly recommend that the Council for Higher Education reject the request of the government to accredit the College of Judea and Samaria as a university, and recommend that it be relocated inside Israel’s internationally recognized borders in order to provide educational opportunities to its present and prospective students. Israel must respect its obligations under international law and not tie legitimate educational requirements to its illegal settlement drive. Sincerely, |
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Professor Ali
Banuazizi, President Dear Professor Banuazizi, Thank you for your letter of June 14, 2005, concerning the proposed upgrading of the College of Judea and Samaria from a college to a university. We greatly respect your association’s commitment to “the principles of academic freedom ad the free exchange of information and ideas”, as expressed in your letter to the AUT’s President, stating your “determined opposition” to its proposed boycott of Israel’s university and blacklisting of their faculties. In that letter you also assert: We especially oppose penalizing entire segments of an academic community for any reason whatsoever.” The faculties and student bodies of all Israel’s higher education institutions are made up of people whose opinions and beliefs embrace the entire political spectrum. This is true at the College of Judea and Samaria as well. Seventy percent of its students come from Tel Aviv and central Israel. Approximately 300 of its students are Arabs. The reasons given by Arab students for studying at the college are manifold. The courses offered by the college are not taught at every university. Some of the College’s departments have a national reputation for excellence. Acceptance to the college is easier than to the universities, although its courses are difficult. To ensure that students succeed tutoring and English and Hebrew language instruction are available, which also eases their integration in to college life. Hebrew is not studied in Palestinian universities. Arab students have found that studying in Hebrew and learning about Israeli culture opens more doors to them in the job market after graduation. The College is convenient for students who commute, and for those who must work and study at the same time. Tuition fees at the College are half those of private colleges. Research to be published shortly concludes that the College’s Arab students have a positive sense of belonging. Relations between Arab and Jewish students are good; the former are active in campus politics and members of the student union. In an interview, an Arab student said, “If we stay home and don’t go to university, will that help us or our society more?” The College sponsors an outreach program to find more potential Arab students. Under its auspices, preparatory course for matriculation examinations are given in Arab cities and villages throughout the country. Last month, the names of three prominent Arab local council heads appeared in an ad on the front page of one of Israel’s major newspaper, Ha’aretz. The ad congratulated the College on opening registration for the 2006 school year, and commended it for encouraging coexistence between the various sectors of Israeli society. The administration and faculty of the College of Judea and Samaria is committed to providing its students-Jewish and Arab-with the finest higher education and training. We believe that, elevated to university status in accordance with the rigorous requirements of the council for Higher Education in Israel, the College can deepen its commitment to the future of our youth and society. When asked what attracted him to teaching at the college, an engineering faculty member stated that it was “the thought of teaching at a college in which there is an encounter between Jews and Arabs, between Israelis and Palestinians. It was very appropriate for me to bring people closer together in teaching and in research. Surely, these lessons in peace and understanding that the College’s students learn in and out of the classroom encourage the “spirit of freedom of inquiry and exchange [that] is the essence of what higher education should embody”. Sincerely yours, Limor Livnat |
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May
27, 2005 Dear Prime Minister Erdogan: Ali Banuazizi CC: H.E. Dr. Osman
Faruk Logoglu,
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May 18, 2005 We therefore urge you to take the steps necessary to end the multiple infringements of their fundamental human rights. Those still in custody should be released or charged with a recognizable criminal offense and provided with a trial in a court of law that meets international fair trial standards. Those in custody should be allowed access to their families and to legal counsel.
We also urge you to affirm the right of students as well
as others to organize social, political and cultural clubs and civil
society organizations free from unnecessary governmental interference.
If necessary, the government should revise legislation governing the
right of association to comply with international standards. We thank you in advance for your attention to this matter and look forward to your reply.
Sincerely,
cc Dr. Hani Murtada, Minister of Higher Education,
Syrian Arab Republi |
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Dr. Angela Roger, President Fax: +44-020-7670-979 Dear Dr. Roger: The Committee on Academic Freedom of the Middle East Studies Association of North America (MESA) is writing to express its profound disagreement with the recent decision of the Association of University Teachers (AUT) calling on its members to “refrain from participation in any form of academic and cultural cooperation, or joint projects” with Haifa University and Bar Ilan University, in Israel. We strongly urge the Association to withdraw or rescind this resolution to boycott these universities and blacklist their faculty at the very earliest opportunity. The Middle East Studies Association of North America (MESA) comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and freedom of expression in the region and in connection with the study of the Middle East and North Africa. Our objection to this resolution derives from the deep commitment of this association and its membership to the principles of academic freedom and the free exchange of information and ideas. We are on record as opposing restrictions against individual scholars except in instances where those individuals have violated clearly established legal and ethical norms. We especially oppose penalizing entire segments of an academic community for any reason whatsoever. We find thoroughly objectionable the call of the AUT to refrain from any and all scholarly interaction with the entire professional staff of two universities because of the policies of the state in which they are situated. This association has gone on record on a number of occasions to protest actions by the government of Israel that restrict in a systematic manner academic freedom and the right to education in the Occupied Palestinian Territories. We are also mindful that establishment of Israeli civilian settlements in the Occupied Palestinian Territories constitutes a clear violation of international humanitarian law. For that reason, initiatives by scholars and academics urging the administration of Bar Ilan University to end its institutional complicity with such violations are appropriate, but these should not be initiatives that themselves constitute breaches with important principles of the right to receive and impart information and ideas, or that represent forms of collective punishment against individual academics who find themselves in that university. In closing, we reiterate our determined opposition to the AUT decision to boycott Haifa University and Bar Ilan University and blacklist their faculty, and we look forward to a speedy and satisfactory resolution of the matter. Thank you in advance for your attention to our views on this important matter. Sincerely, Ali Banuazizi President, Middle East Studies Association Professor, Boston College
CC: Michael Britnall, American Political Science Association Sally T. Hillsman, American Sociological Association Jonathan Knight, American Association of University Professors Maud Kozodoy, Committee for Concerned Scientists
[Response to the above letter: "Open Letter to MESA Members"] |
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The
Honorable Michael R. Bloomberg By facsimile: 212 788 8123 Dear Mayor Bloomberg: I write on behalf of the Middle East Studies Association of North America and its Committee on Academic Freedom to express our grave concern regarding the recent decision by the Chancellor Joel I. Klein to exclude Professor Rashid Khalidi from any further participation in teacher development workshops. This decision violates the right to impart and exchange information, one of the basic tenets of academic freedom and an essential right for elementary and secondary school teachers as well as university professors. [MESA is...]
Chancellor Klein’s decision, which was announced by his press secretary, Mr. Jerry Russo, was explained as a response to past statements made by Professor Khalidi that were critical of Israel. Mr. Russo is reported to have said, “Considering his past statements, Rashid Khalidi should not have been included in a program that provided professional development for DOE teachers and he won’t be participating in the future.” The suggestion that responsible criticism of Israel and its policies should disqualify Professor Khalidi or any other respected scholar from participating in a teachers’ in-service training program undermines the values of free expression that we value in our society.
We had hoped that this letter would be unnecessary, given your demonstrated commitment to the fundamental values of freedom in our society, but we have been disappointed by your silence on this matter. We would like to emphasize that Professor Khalidi is a respected historian, a former President of this organization, and a highly regarded teacher. It is noteworthy that prior to his dismissal he offered two lectures on the Middle East as part of the teacher development workshops that elicited only praise. Moreover, many of Professor Khalidi’s colleagues have heard him publicly criticize Palestinian political authorities. By Chancellor Klein’s logic, Professor Khalidi would on these grounds also be disqualified from lecturing on either side in the Israeli-Palestinian conflict, which would be absurd, as I am sure you agree.
This decision by the head of New York’s Department of Education reflects poorly on a city renowned for its willingness to embrace a rich diversity of people and opinion, and especially on a school system justly revered for its bounty of fine graduates. Chancellor Klein’s decision necessarily raises fundamental questions about freedom of speech in the New York City’s schools when issues concerning the Middle East are concerned.
As you know, the New York Civil Liberties Union, in a letter to Chancellor Klein, dated March 2, 2005, stated that the Chancellor was violating Professor Khalidi’s First Amendment right to free speech, and the Civil Liberties Union cited constitutional case law to that effect. Columbia’s President Bollinger called the decision, “wrong not only as a matter of constitutional law but as a matter of good policy and as a matter of the conduct of education.” He is reconsidering Columbia’s participation in any future teacher training programs.
We note that Chancellor Klein’s arbitrary decision was announced at a time when there appears to be a momentum toward a peaceful solution to the conflict that enjoys wide support among Israelis and Palestinians, not to mention many Americans. While public opinion should not be the criterion of free speech, it appears that the Chancellor of New York’s schools may have improperly allowed himself to be swayed by loud and unrepresentative voices of those determined to de-legitimize and suppress any thoughtful discussion of the Israeli-Palestinian conflict that includes criticism of Israeli policies. In some cases these have been the voices of individuals seeking to gain political advantage by their posturing vis-à-vis Professor Khalidi and his colleagues at Columbia University.
Therefore, we respectfully request that you review the Chancellor’s decision with him, with a view to restoring, protecting, and advancing the free exchange of ideas to education in the City. We would also be grateful for a prompt public statement by you making clear that New York City’s teachers, and the children that they teach, will continue to be exposed to a diversity of perspectives in the classroom rather than merely to what the Chancellor may deem politically expedient or find personally comfortable.
Sincerely,
Ali Banuazizi President, Middle East Studies Association Professor, Boston College
MESA Board of Directors Laurie Brand, University of Southern California and CAFMENA Juan Cole, University of Michigan Ahmad Dallal, Georgetown University Ellen Fleischman, University of Dayton Dina Rizk Khoury, George Washington University and CAFMENA Leslie Peirce, University of California at Berkeley Donald M. Reid, Georgia State University and CAFMENA Amira Sonbol, Georgetown University
MESA Committee on Academic Freedom in the Middle East and North Africa Joe Stork, Human Rights Watch/Middle East Lisa Anderson, Columbia University Kaveh Ehsani, University of Illinois at Chicago Gregory Gause III, University of Vermont Augustus Richard Norton, Boston University Marsha Pripstein Posusney, Bryant College Eve Troutt Powell, University of Georgia Glenn E. Robinson, Naval Postgraduate College Gershon Shafir, University of California at San Diego Keith Watenpaugh, LaMoyne College
cc: Chancellor Joel I. Klein, Chancellor of the Department
of Education New York City Department of
Education April 18, 2005 Mr. Ali Banauazizi, President
Dear President Banuazizi: Thank you for writing to Mayor Bloomberg to express your concern regarding Professor Rashid Khalidi of Columbia University. The Mayor received your letter and forwarded it to Chancellor Klein who has asked that I respond on his behalf. The New York City Department of Education greatly values the opinions of the academic community. The Department’s decision concerning Professor Khalidi was based on the program’s function in providing professional development for public school teachers who in turn instruct children in the classroom. We recognize that members of the academic community may agree or disagree with the Department’s decision, and we appreciate your interest in and commitment to the education of our children. Sincerely, Terry Bowman Dr. Lee Bollinger Dear Dr. Bollinger, I write on behalf of the Middle East Studies Association of North America and its Committee on Academic Freedom to express our concern regarding numerous public calls for Columbia University to suppress or infringe upon academic freedom. Recently these pressures have extended to demands for the dismissal of a professor in the Department of Middle East and Asian Language and Culture (MEALAC). We are heartened that the university administration has insisted on upholding the fundamental right of free expression in the university community. In this you have our unconditional support, and our encouragement to persevere. [MESA is... ] The latest salvo against academic freedom at Columbia has come in reports of a film by a Boston-based organization containing allegations against Professor Joseph Massad. According to these allegations, Dr. Massad had expressed views of Israel that were tantamount to anti-Semitism, and had intimidated students who did not share his views. The film has not, as of this writing, been available for public viewing. Its allegations have nonetheless received prominent notice in several New York-area tabloids, assisted by a letter to you, dated October 21, from Representative Anthony D. Weiner, a Brooklyn Congressman, publicly calling on you to “fire” Dr. Massad. Rep. Weiner’s letter also invoked earlier campaigns against Columbia’s appointment of Professor Rashid I. Khalidi to an endowed chair, and the appointment of former United Nations High Commissioner for Human Rights Mary Robinson as Professor in the Practice of Public Affairs. In the most thorough journalistic account of the controversy over Dr. Massad, in the November 2 issue of The Jewish Week, staff writer Liel Leibovitz interviewed four of the seven students who reportedly appear in the film, and several dozens others who have attended MEALAC classes over the last five years. According to the article, those who took classes with Dr. Massad, including Jewish and Israeli students, were strikingly positive about their experience. We understand that you have asked the Provost of the university to look into the matter. This is certainly an appropriate step if there are any genuine grounds for concern regarding these allegations. Such a response, however, because it has been made public, may also suggest that the university is open to politicized pressure from the outside to silence debate and dissent on Columbia University’s campus. We therefore urge you to take every appropriate opportunity to reassert that Columbia University will continue to uphold the fundamental values of freedom of expression and the free exchange of ideas, and that the campaign of defamation against Dr. Massad will find no resonance within your administration. We assure you of our full support in this endeavor. Sincerely, Laurie Brand Joe Stork, Human Rights Watch, Middle
East cc: Rep. Anthony D. Weiner, Member of Congress The Honorable Colin Powell and The Honorable Tom Ridge We, the Middle East Studies Association of North America’s Committee on Academic Freedom and the Board of Directors for the American Academy of Religion, are writing to express our very grave concern regarding the decision of the Department of State, made public last week, to rescind the visa for the well-known scholar of Islam Dr. Tariq Ramadan. Dr. Ramadan was slated to take up an appointment in the religion department of the University of Notre Dame, beginning earlier last week. He had received his visa in April 2004, only to have it rescinded, without explanation, in early August. The Department of State’s decision was reportedly taken on the basis of information provided by the Department of Homeland Security. Neither department has made public any reason for the decision. We request that you take the necessary steps to reverse this decision as a matter of urgency, in order that Dr. Ramadan can lecture and meet with students. The Middle East Studies Association of North America (MESA) is… The American Academy of Religion (AAR) is the major scholarly society and professional association of scholars and teachers in religion. With 10,000 members, the Academy fosters excellence in research and teaching in the field and contributes to the broad public understanding of religion and religions. The AAR publishes the flagship scholarly journal in religion and books in five series through Oxford University Press. The decision to rescind Dr. Ramadan’s visa is particularly troubling on two grounds. First, he had already received his visa, going through the rigorous screening process that your Departments have implemented for foreign visitors. As far as we are aware, neither Dr. Ramadan nor the University of Notre Dame were consulted regarding any problems or new information that might give cause to rescind his visa. Second, the lack of explanation for rescinding the visa raises serious questions about the cause of the decision. In the absence of any explanation, we fear that pressures were applied to reverse the granting of the visa by people who disagree with Dr. Ramadan’s views as a scholar and as a public intellectual. That fear is exacerbated by the unsourced comments in some media outlets about alleged “links” between Dr. Ramadan and terrorist groups. There is absolutely nothing in the public record regarding Dr. Ramadan, or in his scholarly production, that would indicate any basis whatsoever for such allegations—and Dr. Ramadan is a scholar very much in the public eye in Switzerland, where he resides and teaches, and in Europe more generally. To us, these allegations smack of a character assassination campaign designed to suppress Dr. Ramadan’s voice at a prominent American university. Denying qualified scholars entry into the United States because of their political beliefs strikes at the core of academic freedom. On that basis alone the decision to deny Dr. Ramadan access to our country is unacceptable. We also find the decision profoundly counter-productive to the stated aims of our national policy. As our country tries to understand better the Muslim world and to encourage interpretations of Islam which reject violence and terrorism, we will have to be open to dialogue with Muslims who hold political opinions that do not espouse violence but do differ from the opinions of some Americans or are critical of U.S. policies. If controversy is cause enough to deny someone a visa, our prospects for reaching out to Muslims around the world are very dim. The decision to bar Dr. Ramadan from teaching and meeting students and other academics, if allowed to stand, will represent a very low mark with regard to the Bush administration’s commitment to the free exchange of ideas and freedom of expression. We are aware of absolutely no evidence for allegations that Dr. Ramadan has advocated violence or been associated with groups which perpetrate violence. On the contrary, important scholars and reputable universities have testified to his academic credentials and his character as a researcher and teacher. If the U.S. government has evidence to the contrary, let it be made public, to reassure the American public that untoward political pressures are not affecting the government’s decisions. In the absence of such evidence we can only conclude that denying Dr. Ramadan permission to enter the country constitutes a direct attack on academic freedom and freedom of speech. We respectfully urge you to reconsider this unfortunate decision and reinstate Dr. Ramadan’s visa without delay. Yours sincerely, Amy W.
Newhall
and Barbara DeConcini cc: Hon. Paula Dobriansky, Undersecretary of State
for Global Affairs [Response to the above letter.] Reply sent September 3, 2004 Ms. Amy W. Newhall, and Ms. Barbara DeConcini, Dear Ms. Newhall and Ms. DeConcini: We appreciate your taking the time to express your concerns over the revocation of Dr. Ramadan's visa. We understand that a scholar of Dr. Ramadan's stature and prominence would be of great interest to your organization and that you question the decision to revoke his visa after it was already approved. Mr. Ramadan’s visa was revoked prudentially based on information that became available after the visa was issued. If he chooses to apply for a new visa, that information will be reviewed in the context of his new application and a determination made about his eligibility for a visa. We cannot predict in advance the outcome of a visa application. Due to the confidentiality of visa records, as provided for in the Immigration and Nationality Act, we are not able to provide any details concerning this matter. Rest assured that the State Department has always and, will continue to, support academic freedom by encouraging students and scholars from all over the world to come to the United States. The revocation of Mr. Ramadan's visa is not an attempt to prevent him from sharing his ideas with students and scholars in the United States. We both appreciate and understand that the free exchange of ideas is one of the hallmarks that make this country great. Please fee free to contact me if I can be of assistance in the future. Sincerely, June O’Connell, Chief March 29, 2004
Prince Nayif bin Abd al-Aziz Your Highness: I write to you on behalf of the Middle East Studies Association of North America, and its Committee on Academic Freedom, in order to express our grave concern about the recent arrests of a number of Saudi university professors and former professors. These include Dr. Matrouk Al Faleh, Dr. Tawfiq Al Qusair, Dr. Abdullah Al Hamed, Dr. Khalid Al Humaid, and Dr. Adnan Al Shakhs. According to media reports, they were arrested for criticizing what they saw as the lack of independence of the National Committee on Human Rights recently formed by the government and for requesting a license to establish an independent human rights organization. MESA is... The arrested academics were among a group of thirteen Saudi citizens detained in recent weeks solely for peacefully expressing views critical of government policies. Dr. Matrouk Al Faleh is a professor of international relations at King Saud University who wrote a widely read study of Saudi Arabia after the September 11, 2001 attacks in the United States, calling for fundamental political reforms in the kingdom. Dr. Khalid Al Humaid is a political science professor at King Saud University; Dr. Al Humaid was apprehended in front of students, while he was teaching a class. Dr. Adnan Al Shakhs is a professor of mathematics at King Fahd University who has participated in many of the reform activities in recent years. Both Dr. Tawfiq Al Qusair and Dr. Abdallah Al Hamed are former university professors who lost their positions in the early 1990s for peaceful political activity. As of March 24, 2004 Dr. Matrouk Al Faleh, Dr. Abdallah Al Hamed and Dr. Tawfiq Al Qusair were still in custody. These arrests are an affront to international standards of academic freedom and freedom of expression generally, which guarantee that university faculty have the freedom to discuss issues of public concern without fear of official retribution. No evidence has been presented that those arrested did anything but express their opinions in a peaceful manner. There is no evidence that they took actions that violate laws of the Kingdom of Saudi Arabia or that threaten public order. We also strongly object to the fact that a number of those arrested were reportedly released only on the condition that they pledge not to sign petitions or comment publicly on political issues. Such obvious infringement on the right to freedom of expression and the right to impart and receive information is unacceptable, and reinforces our impression that these arrests were nothing but a blatant attempt at political intimidation. We have grave doubts that these arrests are legal within the Saudi judicial system. Article 36 of the Saudi Basic Law guarantees that no citizen may be detained without due process of law. As of yet, there is no evidence that due process of law has been followed in this case. No formal charges have been filed, to our knowledge. Nor, to our knowledge, have those still detained been given the right to consult legal counsel. These arrests also call into question the sincerity of the Saudi government in pursuing the recently launched reform process. The hopes generated by the National Dialogue process and by the announcement of municipal elections for a new atmosphere of free discussion and debate in the Kingdom cannot be sustained in the face of such repressive measures. We urge that the government release immediately and without condition all university faculty members and former faculty members as well as others still in custody solely for making statements critical of government policy. We call upon the government to allow all those faculty members arrested to resume their professional responsibilities without conditions or limitations upon their academic freedom, and without professional sanction or penalty. We appreciate your attention to this urgent matter and look forward to your response. Yours sincerely, Amy W.
Newhall Ayatollah Ali Khamenei Your Excellency: We are contacting you to express grave concern about the recent trial and sentencing to prison of Maliheh Maghazei, translator;
Jafar Homaei, publisher; Banafsheh Samgis, literary critic ; and Majid Sayadi, Cultural Director for the Ministry of Culture and Islamic Guidance. These individuals were accused, according to the court verdict, of “insulting and undermining the holy tenets of Islam,”
“sullying the person of the Prophet Muhammad,” and “distorting Islamic history” by “publishing false, slanderous, and fabricated texts.” Following our examination of the cases against the
accused we find these charges to be baseless. We call for an immediate end to their persecution and their unconditional exoneration. MESA is... The criminal case against Banafsheh Samgis stems from a favorable review she published in the official Iran Daily of a
book entitled Iranian Women Musicians: from the epic age to the present. The criminal court of Tehran charged that Ms. Samgis used ”unscientific and discredited sources,” which caused
“serious displeasure and stress among the senior ulama and the population.” Ms. Samgis was faulted for observing that the Prophet of Islam liked to listen to music performed by women artists, and that
women artists have practiced their craft throughout Islamic history. She was sentenced to one year in prison. The charges against Maliheh Maghazei, Jafar Homaei, and Majid Sayadi pertain to the translation and publication of The Veil
and the Male Elite by Moroccan sociologist Fatima Mernissi. The Criminal Court of Tehran found Ms. Maghazei guilty of “deliberately distorting the history and undermining the basic tenets of
Islam” by translating a work “most of which content is a misrepresentation of Quranic verses…a work imbued with feminist opinions and infatuation with the West… a work which shamelessly assigns
certain positions to the Prophet and to Islam which will undermine the very bases of Islamic beliefs.” Ms. Maghazei and Mr. Sayadi were sentenced to one year in prison, and Mr. Homaei to eighteen
months. The court also ordered the copies of Mernissi’s book to be shredded. These cases were tried in a branch of the General Court in Tehran. Judge Saeed Mortazavi, Tehran’s prosecutor general,
presided. The court ruled that four-fifths of the sentences of Samgis, Maghazei and Sayadi would be suspended, but that Sayadi would have to serve his full sentence. Your Excellency, we find these charges and judicial proceedings reminiscent of the darkest moments of the 15th and
16th century Inquisitions that permanently damaged the reputation of the Roman Catholic Church. We strongly condemn the persecution of scholarly and social scientific inquiry on the basis of
their critical analysis of history and of sacred texts. As the head of the Islamic Republic, and as the only official to whom the Judiciary is answerable, we urge you to request in the strongest terms
that the Judiciary dismiss these cases and the verdicts with immediate effect. Your Excellency, the very nature of scholarly and scientific inquiry demands a critical and dispassionate approach to history,
as well as all texts, intellectual traditions and belief systems. Professor Mernissi’s book is widely recognized as a text of high professional and academic standard. It is widely translated and taught
in many countries and universities, including Middle Eastern and Muslim countries, and by many members of this association. Nowhere to our knowledge is Professor Mernissi’s book considered to be an
”anti-Islamic” text, or disrespectful of Islam and the Prophet. In fact, Professor Mernissi’s book emphasizes, in a scholarly and well-researched manner, the inherently egalitarian and
anti-discriminatory history of early Islam. Jafar Homayei, the Iranian publisher of the book and one of the accused, included a 43-page critical introduction by a
prominent religious scholar, Hojatoleslam Mohammad Karimi Zanjani-Asl, in order to ensure that opposing and clerical opinions were represented. Furthermore, he published the book only after receiving
official permission from the official censor of the Ministry of Culture and Islamic Guidance, Majid Sayadi. While in no way condoning the highly objectionable practice of censoring books before
publication, we deplore the fact that the above individuals were brought to court and condemned to prison even after the publisher had secured the required permissions from the appropriate authorities.
Your Excellency, the rights of individuals to freedom of thought, opinion, and speech are explicitly protected under the
Constitution of the Islamic Republic of Iran (Article 23), as well as the International Covenant on Civil and Political Rights (Articles 18, 19, 21), to which the Islamic Republic of Iran is also a state
party. Your Excellency, we feel the necessity of reminding you of the serious harm caused by these criminal cases to the reputation of
Iran as a country where scientific and scholarly research and inquiry are highly valued. The prison sentences of one year each for Ms Samgis, Ms Maghazei, and Mr Sayadi, and 18 months for Mr Homayei,
blatantly violate not only the individual and legal rights of these individuals, but send an intimidating signal to all scholars, researchers, and publishers in Iran. These court cases can only be
conceived as a direct violation and attack upon academic scholarship and critical intellectual inquiry. Having reviewed the Prosecutor’s case and the Judge’s verdict against the accused, we note that it would have been entirely
appropriate for them to publish their objections to Ms Samgis’ review and to Professor Mernissi’s book in the format of critical reviews. However, these gentlemen used the punitive power of the State
to persecute scholars, writers, and publishers for expressing their opinion, a blatant abuse of the public office entrusted to them. Your Excellency, we urge you again to communicate to the Judiciary the need to remedy this travesty of justice without delay.
These steps are critical to help prevent further deterioration of Iran’s reputation as a country with a great tradition of learning and scholarly inquiry. We thank you in advance for your attention to this matter and look forward to your reply. Yours respectfully, Amy W. Newhall cc.
Dr. Amina Hamza Mahmoud al-Guindy Your Excellency: We are writing to you on behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic
Freedom.
We wish to convey our great concern that the application of the New Woman Institution (NWI) to register with the Ministry of Social Affairs be processed as speedily as possible in order that it may
undertake without delay its full range of important activities.
This step is essential now that the administrative court (Giza) on October 26, 2003 reversed the Ministry’s June 8, 2003 refusal – on unspecified security grounds – of the NWI’s application
to register under Law 84/2002.
MESA is... According to information we have received, since beginning its activities informally in 1984 and registering in 1991 under
Egyptian civil law, the New Woman Institution (formerly the New Woman Research Center, NWRC) has been a significant actor in Egyptian civil society.
The NWI has tirelessly campaigned on issues related to women’s human rights in particular and human rights in general.
The organization has done much-needed research on women’s roles and status in Egyptian society, and made the results of this research freely available through workshops, seminars, position
papers, books, articles, a newsletter, and an Arabic-language journal.
Although all human rights are of concern to MESA and its Committee on Academic Freedom, as an academic organization we are especially dedicated to promoting academic and intellectual freedom for those doing research in and about the Middle East. We believe that the NWI has done significant research on neglected and sometimes controversial topics of vital importance to Egyptian society. The following are some of the topics on which the NWI has sponsored research: negotiating women’s reproductive rights; women, law and development in the context of structural adjustment policies and political Islam; Egyptian women between state and fundamentalism; women’s image in the media; violence against women; women in NGOs; women and adult literacy, and feminist movements in Arab countries. The unwarranted June 8, 2003 decision of the Ministry of Social Affairs to deny the NWI’s application to register came as a severe blow. MESA was therefore most pleased with the administrative court’s ruling on October 26, 2003 reversing the June decision, thus clearing the way for consideration of the NWI’s application as originally requested. The court decision’s was a strong affirmation of democracy and an expanded role for civil society institutions, human rights, and intellectual freedom in Egypt. Our present concern is to urge that the Ministry approve the registration of the New Woman Institution as expeditiously as possible. Five months have already gone by since the original rejection, which severely inhibited the ability of the NWI to carry on its critical work. We understand, for example, that the NWI cannot access its bank account until it receives its official registration clearance from the Ministry. A prolonged or indefinite delay in approving the registration would only compound the harm to the organization and its good work. Thank you for your attention to this urgent matter.
We look forward to your positive response.
Sincerely, Ayatollah Ali Khamenei
By post and facsimile
: 212 867-7086 Your Excellency: We are contacting you to express our great concern about and strong condemnation of the violent attacks on university students, and the wide scale
arrest, imprisonment, intimidation, and maltreatment of hundreds of students throughout Iran in recent weeks.
MESA is...
According to the information we have received, following some minor student protests on June 12 in Elm-o Sanaat and Shahid Beheshti Universities,
the dormitories of these universities were viciously attacked by bands of vigilantes in the early hours of the morning on June 12 and 14, when their residents were asleep and defenseless. The attackers
broke down the doors with pick axes and sledge hammers, destroyed the personal property of the residents, and physically abused and attacked the students with knives, clubs, and chains. Subsequent to these
attacks 80 students were arrested, some in the hospital where they were taken for treatment, but very few of the perpetrators of these crimes have been identified and arrested. The attacks on the Tarasht, Shahid Beheshti, and the Tarbiat Modaress (June 17) dormitories are clearly a recurrence of the criminal attacks by
vigilantes and police forces on the dormitories of the Tehran University that took place on July 9, 1999. On that occasion at least one student, Ezzat Ebrahimnejad, was killed, and several other students
were maimed and seriously injured. The subsequent criminal court, in a travesty of justice, vindicated the attackers, including General Farhad Kazemi, the police commander who had led the attacks. But a
number of students who were arrested in demonstrations following these events were condemned to unjustly heavy sentences. Ahmad Batebi, a student whose only crime was to have had his picture published on
the cover of the ‘Economist’ magazine, received a ten-year jail sentence. Students such as Mehrdad Lohrasbi, Akbar Mohammadi, Abbas Fakhravar, among others are still languishing in prison. Although the police have shown greater restraint during recent events, the vigilantes and the judiciary seem to have acted with even greater
impunity and disregard for laws and the civil and legal rights of the students. In reaction to these treatments, student protests, sit-ins, and food strikes spread to other cities and campuses in the
cities of Karaj, Ahvaz, Isfahan, Shiraz, Mashhad, Zahedan, Hamedan, Kermanshah, Rasht, Sabzevar, Tabriz, Urumieh, Kerman, Sanadaj, and Yazd. In response to these protests 4000 people were arrested, 2000 of
whom are still in prison. In Tehran at least 400 people are still under arrest, among which there are at least 66 students. These numbers do not include those students arrested under ‘political
charges’, whose exact numbers and whereabouts are not known. We are deeply disturbed that your Excellency seems to have contributed to this state of affairs. In July of 1999, you made a public announcement
demanding your followers to treat students ‘with respect and kindness’, even if they insulted you in person. This commendable call to restraint was not heeded by your followers who went on a rampage
without any of them being punished. During the recent confrontations you did not exercise even this minimal rhetorical tolerance and ordered your followers to treat the students and protesters “with
decisiveness and without pity”. Regrettably, your disturbing statement has been widely echoed throughout the country by other officials appointed by and only accountable to yourself. These include local
Friday prayer leaders, military commanders, the judiciary, the National Iranian Radio and Television, and some major newspapers, like the Kayhan Daily, all of whom
have publicly called for the ‘ruthless and harsh’ treatment of student protesters.
We have received information that several prominent student activists have been violently arrested by unknown security forces operating outside the
government’s jurisdiction. It is highly suspected that these rogue forces operate under the jurisdiction of the Counter-Intelligence Department of the Revolutionary Guards Corp as well as the Prosecutor
General’s Office of the Judiciary Branch. Both these institutions are under your direct supervision. The government institutions legally in charge of security, which include the Intelligence and Interior
Ministries, as well as the Police and the Prison Administration have declared that they have no knowledge of these arrests, or the whereabouts of the detainees. These arrests have been without the
defendants being legally notified of the formal charges against them. Ali Akrami of Amir Kabir University disappeared on June 14. Mojtaba Najafi and Morteza Safaee, student activists at Allameh Tabatabaee
University, were attacked with mace spray and driven away in unmarked cars in front of their colleagues on June 16. Abdollah Momeni and Mehdi Pour-Rahim of Elm-o Sanaat University have disappeared on June
29. Mehdi Aminzadeh was seen being forcefully pushed into an unmarked car on June 29. Qolamreza Zarifian, Deputy Minister of Science and Higher Education, announced on June 26 that at least 36 students in
Tehran and 50 in the provinces had either disappeared or had been arrested by unknown agents. On 27 June 24 students disappeared in Tabriz.
Several other elected leaders of the main Islamic Student Association (Daftar-e Tahkim-e Vahdat) have been arrested at gunpoint by unidentified
security agents. Saeed Razavi-Faqih of Tarbiat Modaress University was arrested when leaving a meeting of the Association of Journalists on July 10. His whereabouts are unknown to this day. His lawyer has
not been able to determine why he was arrested and under what conditions he is being kept. Other student leaders have been violently arrested under similar circumstances. These include Saeed Habibi, Reza
Amerinasab, and Arash Hashemi (on July 10); and Ali Sadeghi, Saeed Babaei, and Amir Motamedi (on July 17) in Tehran; as well as Saeed Ardeshiri and 9 other leading activists in Kerman (July 17). According to several reports by members of the Iranian Majlis, the detained students are being subjected to lengthy interrogations and serious
physical and psychological abuse and torture. Many are being kept in solitary confinement for extended periods of time, and are deprived of sleep, decent food, and proper medical care. The families of many
detainees are being subjected to pressure and threats. These illegal abuses are aimed at forcing the arrested students to make false confessions about themselves and against fellow students and other
political activists. The ‘Revolution Court’ seems to have emphasized this attitude when it announced on July 18 that it was releasing 14 students on parole after having posted heavy bails, because they
had “honestly admitted their culpability and shown remorse by confessing they had committed these crimes under the poisonous influence of certain individuals. The students are being released after they
have implicated the real culprits and the main sources of the recent conspiracies”. Your Excellency, we would like to remind you that according to Article 22 of the Constitution of the Islamic Republic of Iran, the life,
property, and rights of individuals are inviolable. Article 23 forbids the persecution of individuals for their beliefs.
Article 27 permits the free holding of public gatherings and marches provided arms are not carried. Article 38 bans all forms of torture for the purpose of extracting confessions or
acquiring information. It prohibits the compulsion of individuals to testify, confess, or take an oath, states that any testimony or confession obtained under duress is devoid of value, and states that the
violation of this article is a crime punishable by law. Article 39 prohibits any and all abuse of the dignity and repute of persons detained and imprisoned, and makes the violation of this article a
crime punishable by law. Furthermore, these articles correspond to legal protections enshrined in the United Nation’s Covenant on Civil and Political Rights. As a
signatory to this International Covenant, Iran is obligated to respect and protect the exercise of these rights. Article 7 of the Covenant prohibits torture and inhuman treatment of the individual. Article
9 prohibits arbitrary arrest and deprivation of liberty, except under legally established procedures. Article 10 cites that anyone arrested should be treated with respect and dignity. Article
14 cites that anyone charged must be informed of the nature of the charges against him/her. Articles 18, 19, and 21, state that everyone should enjoy the freedom of thought,
expression, opinion, and assembly. We therefore urge you in the strongest terms to speak out publicly and to take all the necessary steps to ensure that these clear infringements of
the legal rights of the imprisoned students are stopped, that the imprisoned students and political activists are freed immediately, and that all those guilty of violent attacks on student dormitories and
gatherings, or of illegal arrest, maltreatment, and intimidation of students and the university community be identified and punished according to law. Your Excellency, we can only persist in reminding you that these steps are critical to help prevent further deterioration of Iran’s international
standing. Iran’s reputation as a country with a great tradition of learning and scholarly inquiry has suffered as a result of these most recent violations of the sanctity of the university community. We
urge you to treat this situation with the urgency and the gravity that it requires. We thank you in advance for your attention to this matter and look forward to your reply. Yours respectfully, cc. His Excellency Samir Jisr Your Excellency: I am writing to you on behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom. We wish to convey to you our great concern regarding your ministry’s investigation and interrogation of Dr. Adonis Akra, a professor of philosophy at the Lebanese University in Tripoli and author of a recent book describing his fifteen-day detention by the authorities in August 2001. MESA is... According to information we have received, on February 11, 2003, Professor Akra was detained by the Investigations Department in the Ministry of Justice for about seven hours and compelled to cancel a February 15 event promoting his book. The authorities also reportedly interrogated his publisher, Bashir Daouq, and closed down his publishing company, Dar al-Tali’a. Professor Akra is reportedly a member of the Free Patriotic Movement, which advocates an end to Syria’s military presence and political hegemony in Lebanon. He was among some two hundred journalists, engineers, lawyers, and others arrested and jailed in early August 2001 in a crackdown by Lebanese security forces against persons the authorities said were insulting Syria and destabilizing Lebanon. Professor Akra’s book, When My Name Became “16”, reportedly is a day-by-day account of his fifteen-day detention, first in a cell at the Defense Ministry, and subsequently in a hospital where he was treated for cardiac problems. He told the Lebanese press that his interrogators accused him of “tarnishing the army, the authorities, the judiciary, and relations with Syria,” charges that he denies. It appears that Professor Akra is being harassed and punished solely for attempting to exercise his right to freedom of expression. We urge you to halt all such actions against Professor Akra, rescind the closure order against Dar al-Tali’a, and cease efforts to interfere with the distribution of his book. Thank you for your attention to this important matter. We look forward to your positive response. Sincerely, Amy W. Newhall cc: His Excellency Farid Abboud, Ambassador of Lebanon to the United States Prime Minister Ariel Sharon By Facsimile: Dear Prime Minister Sharon, I write to you on behalf of the Middle East Studies Association of North America, and its Committee on Academic Freedom, in order to express our grave concern over your government’s closure of two Palestinian universities in the West Bank. The closure of these institutions is transparently punitive, and thus clearly constitutes collective punishment as well as a drastic and unwarranted denial of academic freedom. We ask that your government rescind this decision immediately. MESA is... The IDF statement of January 15, 2003 announcing the closure of Hebron Polytechnic University and the Islamic College of Hebron the previous day alleged that several students who had attended these institutions had been involved in armed attacks against Israeli targets. Some of these attacks targeted Israeli civilians while others were directed against military occupation forces. While we appreciate that the State of Israel has the right to defend itself and its citizens, closing Palestinian universities is not a proper recourse. If Israel has evidence of wrongdoing on the part of individual students or other persons, the government should arrest those persons and prosecute them in a manner that meets international fair trial standards. We further note that most of the attacks cited occurred in early 2002, while one dated from 1996. Thus it appears that these closures were instituted not for concrete and legitimate security purposes but as a form of punishment of the Palestinian community in the Hebron area. As you know, collective punishment is forbidden under humanitarian international law. By closing the universities, your government is denying the right to education to over 6,000 current students because of the alleged deeds of a few. In addition to the collective punishment of thousands of students who have not been charged with any offense, your government’s action also adversely impacts the faculty and staff of these universities. Press reports indicate that these may not be the only universities to be closed by Israel. Birzeit University and Al-Najah National University in Nablus have also been mentioned as candidates for closure. We urge that your government not make a bad situation worse by further closures of institutions of higher education. There is no evidence that university closures such as these will lead to a decrease in Palestinian violence against Israel. Indeed, Israel closed all Palestinian universities for years in the late 1980s and early 1990s during the first Intifada with no discernable drop in violence. We are thus skeptical that enhanced security is a plausible justification for the action. On behalf of MESA, I ask that your government rescind immediately the decision to close Hebron Polytechnic University and the Islamic College of Hebron, and that no other closures be contemplated. I look forward to your response. Sincerely, November 13, 2002
H.H. Nahayan bin Mubarak Al Nahayan Your Excellency: I am writing to you on behalf of the Committee on Academic Freedom of the Middle East Studies Association of North America (MESA). We are contacting you to express our concern regarding the case of Dr. Hassan Hamdan Al Alkim, who was until June 2000 a professor of political science at the UAE University in Al Ain. MESA is... According to our information, Professor Al Alkim was forced to take early retirement from the university in June 2000 as a result of a plagiarism charge raised against him by a student. Professor Al Alkim has contended that his forced retirement was a consequence of positions he has taken in the past that were critical of the University administration. On November 26, 2001 the civil section of the Abu Dhabi court in the Federal system of courts of first instance found in favor of Professor Al Alkim in his suit against the student who raised the plagiarism charge. This finding was upheld on March 19, 2002 by the civil section of the Abu Dhabi court of appeals in the Federal system of courts. It is our understanding that the student has appealed this decision to the Federal Supreme Court, but no date has been set for a hearing. Given the fact that two levels of the UAE federal court system have found in favor of Professor Al Alkim, rejecting the charge of plagiarism against him, we urge the university administration to consider favorably Professor Al Alkim’s request for reinstatement to the faculty. Thank you for your attention to this matter. We look forward to your reply.
Yours sincerely, Ayatollah Ali Khamene’i By post and facsimile : 212 867-7086 Your Excellency: I am writing to you on behalf of the Committee on Academic Freedom of the Middle East Studies Association of North America (MESA). We are contacting you to express our very grave concern and strong condemnation regarding the death sentence and other harsh penalties issued against Professor Hashem Aghajari, chair of the history department at Tehran’s Tarbiat Modaress University and a visiting professor at the University of Tehran and Beheshti University. MESA is... According to information we have received, in August Professor Aghajari was arrested and charged with apostasy following a lecture he delivered in the city of Hamedan entitled “Islamic Protestantism.” In those remarks he reportedly criticized the political role of Iran’s clerical establishment and called for an end to “blind obedience” to decrees by clerical leaders . On November 7, following an unfair trial in the Hamedan District Court that was closed to the public, Judge Ramazani condemned Professor Aghajari to death. The judge also sentenced him to seventy-four lashes and eight years in prison and proclaimed a ten-year ban against his engagement in teaching activities. We understand that once this ruling is formally conveyed to Professor Aghajari’s legal counsel, he will have twenty days in which to appeal the sentence to the Supreme Court. It is our view that Professor Aghajari is being prosecuted and harshly punished solely for exercising his right to freedom of expression as guaranteed under Article 19 of the International Covenant on Civil and Political Rights. Iran, as a state party to this treaty, is obligated to respect and protect the exercise of this right. In the context of current political developments in Iran, it is apparent that the intent of those who brought these charges and arrived at this judgement is not only to punish Dr. Aghajari, an academic respected in Iran for his courage and integrity, but also to intimidate other academics and public thinkers from speaking out. We therefore urge you in the strongest terms to speak out publicly and to take all necessary steps to ensure that neither the death penalty nor any of the other punishments decreed against Professor Aghajari are carried out. We ask that you request the head of the Judiciary and other relevant officials to release Professor Aghajari from prison immediately and unconditionally, and lift the ban against his teaching activities. We also understand that Dr. Aghjajari is in urgent need of medical attention regarding an infection that has developed in his right leg which had been amputated at the knee following injuries received in the 1980s during the Iran-Iraq war. We ask that you take immediate steps to ensure that Dr. Aghajari receives forthwith all necessary medical attention and has access to medical professionals of his own choosing. Your Excellency, these steps are critical in order to help restore Iran’s international standing as a country with a great tradition of learning and scholarly inquiry, and to ensure that Iranian society benefits from the free exchange of ideas. We thank you in advance for your attention to this matter and look forward to your reply. Sincerely, cc: His Excellency Kamal Kharrazi
His Excellency Ayatollah Mahmoud Hashemi Shahrudi August 13, 2002
His Excellency Hosni Mubarak Your Excellency: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association of North America is writing to express its deep concern over the July 29 re-conviction of Professor Saad Eddin Ibrahim and his associates at the research institute he directs, the Ibn Khaldun Center. Dr. Ibrahim, Nadia Abdel Nur, Magda Ali and Mohamed Hassanein have received prison sentences ranging from two to seven years and are currently incarcerated. We urge you to take all necessary steps to secure their immediate release from prison pending further appeals of the July 29 decision of the Supreme State Security Court. We further call on your government to rescind the orders closing the Ibn Khaldun Center, a respected and renowned independent research and public policy institute. MESA is... In November 2001, MESA’s Board of Directors awarded Dr. Ibrahim the inaugural MESA Academic Freedom Award in recognition of his “dedication to the promotion of democratic rights and civil liberties through his teaching and scholarship, and his commitment as a public intellectual to the principles of free expression and free exchange of information and ideas” as well as his “tireless advocacy of fundamental rights for all Egyptians.” This letter follows two earlier letters from CAFMENA, on July 11, 2000 and May 31, 2001, protesting this case. We again must voice our deep distress both at the manner in which the trial was conducted by the Supreme Security Court and the unduly harsh sentences imposed on Professor Ibrahim and his colleagues. The conduct of the Court and its verdicts confirm the essentially political nature of this case. As a committed public intellectual, Professor Ibrahim has appeared at countless conferences discussing Egypt’s development, and its political and social dilemmas, yet he and his associates are now in prison for “tarnishing Egypt’s image abroad.” Egypt has a long and distinguished tradition of producing intellectuals and writers who produce articles and books brimming with articulate ideas and thought-provoking debate. It is distressing that the government of Egypt is now imprisoning one of these same distinguished citizens and his colleagues. The results of this trial undermine Egypt’s standing in the international community and its reputation as a state committed to the rule of law. The Court’s summary and immediate proclamation of a verdict and sentence in a case begun four months earlier after only 15 minutes of review is particularly appalling and raises question about the integrity and intentions of the Supreme State Security Court. This judicial conduct impugns the reputation of Egypt’s typical sound standards of judicial review and due process. We consider it a matter of greatest urgency that your government permit the immediate release of Dr. Ibrahim and his colleagues from prison, pending any appeals process. In particular, we are concerned about the deteriorating medical conditions of Dr. Ibrahim and appeal to the government for a medical release on humanitarian grounds. We further call on your government to foster conditions in which such voices and research can thrive in order for the process of democratic reform in Egypt to move forward, in accordance with its commitments under international law. This must include respect for the rights of academic researchers to undertake activities in support of peaceful political reform. In these disturbing times of international violence and terrorism, public intellectuals and researchers like Dr. Ibrahim and his associates who are committed to the rule of law, democracy, and freedom of expression must be allowed to flourish rather than to be condemned to prison.
Respectfully yours,
cc: August 9, 2002
Shaikh Ahmad Yassin Dear Shaikh Yassin, The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association of North America is writing to condemn in the strongest terms the bomb attack of July 31 in Jerusalem’s Hebrew University, claimed by the Islamic Resistance Movement (Hamas), which killed seven students and injured more than seventy. This attack, by targeting civilians, violated the most elemental principle of international humanitarian law. Furthermore, by targeting a university, the Islamic Resistance Movement grievously assaulted the academic freedom of Hebrew University students and their ability to exercise their right to exchange and receive information without putting themselves at risk of death or serious injury. MESA is... CAFMENA has frequently criticized Israeli violations of the academic freedom of Palestinians in the occupied West Bank and Gaza Strip during and prior to the current uprising against the military occupation, most recently in a letter of July 22, 2002, to Prime Minister Ariel Sharon. Hamas spokespersons have attempted to justify this and other recent suicide bombings as retaliation and reprisal for Israeli attacks that have killed Palestinian civilians. However, under international humanitarian law, the absolute prohibition against targeting civilians includes acts of reprisal. This prohibition is categorical, and applies to attacks committed by armed opposition groups as well as government security forces. We urge you to call publicly and unequivocally on the Izz al-Din Qassam Brigades, the military wing of your organization, to desist immediately and unconditionally from any attacks or acts of reprisal that deliberately target civilians.
Sincerely,
Prime Minister Ariel
Sharon By Facsimile: 972 2 651 2631 Dear Prime Minister Sharon, We write to you today to convey our grave concern regarding Israel’s closure of the administrative offices of Al-Quds University in Jerusalem, and to urge the immediate reopening of those offices and the return of computer files and other materials confiscated by Israel. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and freedom of expression in the region and in connection with the study of the Middle East and North Africa. On 9 July 2002, according to numerous reports, Israeli soldiers and police surrounded the Al-Quds University offices and ordered all personnel to vacate the premises. Included in the closure was the office of the President of Al-Quds University, the renowned scholar and peace activist Dr. Sari Nusseibeh. The closure of the university offices and seizure of documents was ordered by Uzi Landau, who holds the post of minister of internal security in your cabinet. The closure order reportedly states that the official reason for shutting the offices was that the building was being used for political activities on behalf of the Palestinian Authority. Dr. Nusseibeh, who is also the Jerusalem representative of the Palestine Liberation Organization, has spoken out prominently against Palestinian suicide bomb attacks against civilians, and publicly urged Palestinians to compromise regarding the right of Palestinian refugees and displaced persons to return to their homes. Israel’s action appears to be political in nature rather than related to genuine security matters, intended to disrupt and silence those Palestinians advocating a peaceful resolution of the Israeli-Palestinian conflict. We understand that the ultimate sovereignty of Jerusalem is to be decided through final status negotiations between Israel and the Palestinians. In the meantime, legitimate Palestinian educational facilities in Jerusalem should not be harmed in any way pending the outcome of negotiations. This includes most especially Al-Quds University, an accredited educational institution, founded in 1978, that educates over 6,000 students. We urge the Government of Israel to rescind immediately the order closing Al-Quds University offices in Jerusalem, return all confiscated materials, and allow the university administration to resume its work without delay. Thank you for your attention to this urgent matter. We look forward to your reply. Sincerely,
Amy W. Newhall
cc: Response to the above letter 5
June 2002 Prime Minister Ariel Sharon Dear Prime Minister Sharon, The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA), of the Middle East Studies Association, is writing to express its grave concern over Israels recent and ongoing actions that threaten academic freedom and the right to education more broadly in the West Bank. MESA is... Israels Operation Defensive Shield, launched in March 2002, and Israels subsequent actions in the West Bank, have caused great and unwarranted harm to Palestinian educational institutions and educational opportunities. The harm falls under three categories: the physical destruction of educational property by soldiers in the Israel Defense Force (IDF), including vandalism; the theft of educational property, particularly hard drives from many computers and the loss of data bases; and the extension and intensification of checkpoints, roadblocks, and other physical impediments which prevent students and faculty from reaching their schools. We join with all who condemn the savage attacks that have killed and maimed hundreds of civilians inside Israel. These outrages, however, cannot justify the violations of basic rights that your government has imposed on virtually the entire Palestinian Arab population of the occupied territories. These policies have had grave humanitarian consequences, including dire consequences for the right to education. The destruction and theft of Palestinian educational property and material by IDF personnel during Operation Defensive Shield occurred at numerous Palestinian educational institutions, including at the Ministry of Education, the Palestinian Academy for Science and Technology, various educational nongovernmental organizations (NGOs), and numerous Palestinian universities, colleges, and K-12 schools. Property damage can be replaced over time, but valuable information on computer hard disks and paper files cannot be replaced. These must be returned to their rightful owners without delay. Israel has instituted a multitude of physical impediments to limit and restrict internal travel within the West Bank, thereby making transportation to and from universities and schools frequently difficult and sometimes impossible; Operation Defensive Shield effectively closed most Palestinian educational institutions for its duration. Since this Operation ceased, reports that we have received from numerous sources indicate that internal travel is considerably more difficult today than it was prior to March 2002. Israels policies are effectively preventing many students from attending university and many faculty from reaching their university classrooms and laboratories. We therefore respectfully request that all computer hard drives and other material confiscated from Palestinian educational facilities be returned promptly, and that property damage done by IDF personnel to Palestinian educational facilities be repaired or compensated for in a timely manner. We also urge that any Israeli restrictions on freedom of movement be strictly limited to imperative and specific reasons of security, and that the government ensure that these restrictions are not excessive in impact or duration. This is essential in order to facilitate the access to educational institutions that is vital to thousands of students, faculty and administrators on the West Bank today. Thank you for your consideration of this matter. Respectfully,Anne H. Betteridge Executive Director January 11, 2002 Dear President Asad, The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association of North America is writing to express our grave concern regarding the arrest on September 9 and subsequent detention of Professor Arif Dalila, the renowned economist and scholar, along with the arrest and detention in the same period of nine other Syrian citizens who participated actively in civic forums created following your election as president in July 2000. We view these arrests, and the restrictive new press and publications decree issued on September 22, as troubling evidence of your governments determination to stifle all manner of peaceful dissent, reversing earlier signs that you intended to expand opportunities for political participation in Syria. [MESA is ] We call on you to acknowledge and protect the right of Syrian citizens, including academic researchers and faculty, to engage in political discussion and debate, and to express views that are critical of government policies, without fear of reprisal. We ask that you take all possible steps to secure the immediate and unconditional release of Professor Dalila and his colleagues, who are now facing criminal prosecution and potentially lengthy terms of imprisonment solely for exercising their right to freedom of expression and association. According to information we have received, Professor Dalila was arrested following his participation in a meeting of the National Dialogue Forum, held on or about September 6 at the home of Member of Parliament Riad al-Seif, the forums founder. Mr. al-Seif was himself stripped of parliamentary immunity and arrested on September 6. He and another parliamentarian, Mamoun al-Hamsi, who was arrested on August 9, are presently being tried in a criminal court. According to al-Seifs lawyer, he has been accused of, among other things, organizing subversive gatherings and gatherings aimed at causing disorder, and forming a secret society. To our knowledge, no formal charges have been lodged against Professor Dalila. According to information we have received, the ostensible grounds for his detention are vague assertions that he and seven fellow detainees insulted and "threatened to change" the Syrian constitution. This accusation apparently derives from Riad al-Seifs announced plans to launch a new political party, the Movement for Social Peace, whose platform called for ending the monopoly of the Bath Party on political power in Syria, although to our knowledge not all of these detainees, if any of them, were engaged in that project, which is distinct from the civic forum efforts. Professor Dalila and the seven other detainees are being held in Adra Prison, pending trial before the Supreme State Security Court. International human rights organizations have documented a history of grossly unfair trials before this tribunal, the verdicts of which are not subject to appeal to a higher judicial body. Professor Dalila has previously been subject to penalties for his commitment to freedom of expression. In 1997, while serving as Dean of the Economics Faculty at the Syrian University, Professor Dalila organized a conference that was intended to encourage open debate about the state of Syrias economy. Then-Prime Minister Mahmoud Zoubi intervened personally to prevent the conference from taking place. In 1998 Prime Minister Zoubi ordered that Professor Dalila be fired from his post. After being deprived of his right to work for more than two years, and following a meeting with your excellency, he was reinstated, reportedly on your instructions, to his teaching position {although not to his position as dean) in August 2000. On resuming his position, Professor Dalila helped to found the Committees for the Revival of Civil Society, a nongovernmental organization. In addition to his participation in the civic forums, Professor Dalila was one of ninety-nine intellectuals who signed the Intellectuals Manifesto of September 2000, also known as the Statement of the 99, a document that is widely regarded as having paved the way for the emergence of civic forums in Syria. He subsequently helped organize a petition signed by 1,000 Syrian citizens demanding freedom of expression, pluralism, strengthening the role of women in public life, freedom of press, and the restoration of civil society. Professor Dalila and his fellow citizen activists initiated these activities in response to steps you had taken, on becoming president, such as the release of hundreds of political prisoners, and the January 2001 announcement that the emergency law, in effect since 1963, had been frozen and not applied. They obviously had understood these steps to signal your interest in seeing a renewal of independent political life in Syria. While the civic forums did not receive government approval to operate with official legal status, they were nevertheless tolerated prior to the government clampdown. It is therefore extremely disturbing to see these courageous individuals subjected to imprisonment and the threat of harsh and arbitrary sanctions for attempting to exercise basic rights guaranteed to them under Syrias constitution and in keeping with Syrias treaty obligations as a state party to the International Covenant on Civil and Political Rights. For these reasons, MESA calls on you to secure the immediate and unconditional release of Professor Dalila and those other detainees held in connection with their participation in civil society forums. We look forward to your response regarding this most serious matter. Sincerely, May 30, 2001 Your Excellency: On July 11, 2000 the Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) wrote to you to express our concerns regarding the arrest of Professor Saad Eddin Ibrahim and staff members of the Ibn Khaldun Center. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for principles of academic freedom and freedom of expression in the region and in connection with the study of the region. We are writing again to voice our deep distress both at the manner in which the trial was conducted by the Supreme Security Court, and the unduly harsh sentences imposed on Professor Ibrahim and his colleagues. The conduct of the Court and its verdicts confirm the essentially political nature of this case. Further, the results of this trial undermine Egypts standing in the international community and its reputation as a state committed to the rule of law. The Courts disregard of evidence provided by lawyers for the defense is especially troubling. We urge you to permit an appeal of these verdicts, an option to which Egypt is committed by virtue of international conventions your government has signed. Your intervention in support of an appeal would be an important signal of your Governments commitment to democracy and to the full exercise of academic freedom by all Egyptians. Respectfully yours, Cc: Ambassador Nabil Fahmy, Washington, DC This letter was sent jointly by Human Rights Watch, American Association for the Advancement of Science, CAFMENA, Scholars at Risk and the New York Academy of Sciences. March 26, 2001 President
Zine al-Abidine Ben Ali Your Excellency, We issue this joint statement to protest the deteriorating situation of human rights in Tunisia and the escalating attacks on academics advocating democratic reforms and the rule of law. In recent months, government critics have faced markedly greater levels of violence at the hands of persons believed to be linked to security forces, suggesting a systematic campaign to silence all critical voices. As organizations devoted to educational issues and academic freedom, we are particularly alarmed by the assault against Tunisia's educators and intellectuals. We urge you to use your powers to curb the increasing use of violence exhibited in this campaign and to safeguard the international human rights embodied in international covenants that Tunisia has pledged to. Your Excellency, as Tunisia celebrates the 45th anniversary of its independence this week, its citizens increasingly seek to exercise their internationally recognized rights to free expression and free association. Speaking on the occasion of this anniversary, on March 20, you stated that Tunisia has chosen democracy both as a principle and a practice. A central characteristic of a democracy is the ability of its citizens to receive and impart information freely about their own society, and independent academic and scholarly work are crucial to fostering this ability. When Tunisia acceded to the International Covenant on Civil and Political Rights, it made a commitment to guarantee all individuals the freedom to seek, receive and impart information and ideas of all kinds. Yet independent thinkers who challenge your governments policies in a peaceful manner have suffered sharper and more violent responses when exercising these rights. Over the last few weeks, to name but a few examples, unknown assailants have attacked journalist Jalel Zoghlami on February 3 and again on February 7, apparently because of his effort to publish an independent newspaper. On February 21, four representatives of the international human rights group Reporters Sans Frontiers who were trying to distribute copies of this newspaper (including the organizations secretary-general, Robert Menard) were attacked by a group of nearly twenty men; the NGO representatives were later expelled from the country. On February 22, Naziha Boudhib, a member of the Tunisian Association of Democratic Women (ATFD), was attacked by several men who forcibly took her documents chronicling the human rights situation in Tunisia. Your Excellency, we are especially troubled by reports of two recent attacks against Prof. Khedija Cherif, a sociologist at the University of Tunis and a prominent advocate of womens rights. On March 1, Prof. Cherif was beaten, sexually harassed, and verbally abused as she was attempting to attend an informal meeting at the former headquarters of the CNLT in Tunis. Eyewitnesses identified her attackers as plainclothes police officers, and photographs taken during the attack seemed to identify one of the attackers as the chief of police of the Medina section of Tunis. In the same incident, the assailants also attacked Prof. Abdel Kader Ben Khemis, a professor at the University of Sousse, and physically prevented him from attending the CNLT gathering. Several others attending the meeting, including Sihem Bensedrine, a prominent journalist and the CNLT's spokesperson, were also attacked. Ultimately the attackers succeeded in stopping the meeting from taking place. Prof. Cherif and Prof. Ben Khemis have filed complaints with the local prosecutors office, but have not received any acknowledgement of or response to their case. Prof. Cherif was attacked again on March 10 on the steps of the courthouse. An unidentified man in civilian clothes attacked Prof. Cherif and tried to take a dossier from her hands that contained the details of her complaint about the earlier attack she had suffered. When she resisted, the assailant pushed her to the ground, pried the dossier from her hands, and ran away. We also remain concerned about the ongoing harassment of Prof. Moncef Marzouki, the CNLTs former spokesperson. Prof. Marzouki was arbitrarily blocked from leaving Tunisia on March 10. In December of 2000, he was sentenced to one year in jail on spurious charges of belonging to an illegal organization and disseminating false information, stemming from his former activity with the CNLT. This sentence has been suspended pending appeal, and the relevant judicial authorities had indicated to his lawyers that he could leave the country. Prof. Marzouki was invited by the medical school at University of Paris VII to assume a two-year teaching position, beginning on April 1, after he was improperly dismissed last year from his position teaching public health at the University of Sousse. He has been prevented from teaching or publishing in Tunisia and therefore cannot earn a livelihood, and he is under constant surveillance and is only allowed intermittent telephone contact. Your Excellency, we ask that you demonstrate your governments oft-repeated commitment to human rights by immediately initiating a thorough and objective judicial investigation into the assaults on Prof. Cherif and Prof. Ben Khemis. We also ask your government to halt the use of arbitrary judicial and administrative proceedings against its critics, among them Prof. Marzouki. Finally, we urge you to exercise your authority as the chief executive of the republic to rein in the security forces campaign of violence and intimidation against academics and other critics of the government. We look forward to receiving your comments, and we thank you in advance for your consideration of these important matters. Sincerely, Saman Zia-Zarifi Human Rights Watch |
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| March 16, 2001 Prime Minister Ariel Sharon Dear Prime Minister Sharon: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association of North America is writing to protest the serious disruption of higher education in the West Bank and Gaza caused by the Israeli governments protracted restrictions on Palestinian freedom of movement. The governments closure policy appears to constitute a form of collective punishment, forbidden under international humanitarian law. By preventing faculty and students from having access to university campuses and other educational facilities, it also represents a serious violation of academic freedom and the right to education. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and the freedom of expression in the region in connection with the study of the Middle East and North Africa. Under your government, Israels closure policy has intensified restrictions in the Ramallah area, with particular impact on Birzeit University. This important institution serves 5,000 undergraduate and graduate students and hosts numerous institutes of research, public policy, and community service. On the night of March 7, Israeli security forces destroyed portions of the only road linking Birzeit University to the city of Ramallah. This was accomplished by digging trenches across the road, destroying approximately 400 meters of asphalted road. According to an official statement of the university, no vehicular traffic, including ambulances or trucks carrying food and other civilian necessities, is able to pass. Most of Birzeit Universitys faculty and students live in or near Ramallah, and now have effectively been denied access to the university. The trench digging also resulted in cutting phone lines to the university. Israels stringent restrictions on Palestinian freedom of movement have also had the effect of stranding at Birzeit University some 300 students from Gaza. Due to the closure of the West Bank-Gaza safe passage in October, they have been unable to return home. In addition, their travel permits, which we understand are issued on a per semester basis, have lapsed and they been unable to renew them. Without updated permits they are unable to return to Gaza or to travel within the West Bank. They can be detained and/or fined for being in the West Bank illegally, and they can be forcibly returned to Gaza at the discretion of the authorities. These policies of collective punishment and destruction of property appear to go beyond any reasonable understanding of military necessity. As such, they are in violation of international humanitarian law, in particular the Fourth Geneva Convention of 1949 governing the treatment of civilians in circumstances of military occupation. In this instance, these policies also constitute a serious breach of the principles of academic freedom and the right to education, a breach that would not be tolerated in Israel itself. We therefore strongly urge your government to take immediate steps to allow for the free movement of students and faculty to and from their homes and respective universities, including travel in the West Bank and passage between the West Bank and Gaza. We also urge the government of Israel to repair the damage done to the Birzeit University access roads and telephone links. We look forward to your prompt and positive response to this urgent and important matter. Sincerely, Anne H. Betteridge |
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January 24, 2001 Your Excellency: On behalf of the Committee on Academic Freedom in the Middle East and North Africa of the Middle East Studies Association of North America, I write to express the Committees deep dismay at the alarming number of recent attacks by the government of Iran against academics and other intellectuals solely for attempting to exercise their right to freedom of expression and to exchange information. These attacks on free expression include the following:
We strongly urge you to take immediate steps to end this systematic official persecution of independent thinkers and writers, a campaign that is in clear violation of Irans obligation under international law to uphold and protect the right to free expression. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and the freedom of expression in the region in connection with the study of the Middle East and North Africa. Your Excellency, those persons convicted and sentenced for their participation in the Berlin forum faced baseless, politically-motivated charges that they had conspired to overthrow the system of the Islamic Republic. On January 13, following secret trials that violated international fair trial standards, seven of the seventeen defendants received sentences of up to ten years in prison, and in the case of journalist Akbar Ganji an additional five years of internal exile. Two translators, Saeed Sadr and Khalil Rostam-Khani, were sentenced to ten and nine years respectively. Rostam-Khani did not even attend the Berlin conference, although he was involved in its preparation. The court sentenced to four and a half years in prison publisher and womens rights activist Shahla Lahidji, who participated in MESAs annual conference in 1998, and lawyer and writer Mehrangiz Kar, who participated in the MESA conference in 1996. Kar, who has been diagnosed with cancer, has been forbidden to travel abroad for medical treatment. Ezzatollah Sahabi, a prominent essayist and journalist, was sentenced to four and a half years. Fariborz Rais-Dana, an economist at Tehran University, received a three-year suspended sentence. Two other writers, Changiz Pahlevan and Kazem Kardavani, and translator Roshanak Darioush, have not returned to Iran because of the charges pending against them. Hojjat al-Islam Hassan Youssefi Eshkevari, a respected independent writer and religious scholar and another participant in the Berlin forum, was held in solitary confinement for more than two months after his arrest in early August. He remains in prison awaiting sentencing following his conviction by Special Clergy Court on charges of apostasy and corruption on earth, which may be punishable by death. According to information we have received, the charges against him stem from remarks he reportedly made at the Berlin meeting in which he expressed his view that veiling and enforcement of strict dress codes against women were rooted in cultural traditions but not required by Islam. Ali Reza Afshari, a leading student activist from Amir Kabir University of Technology in Tehran and a member of the central council of the Office to Foster Unity (Daftar-e Tahkim-e Vahdat), an organization supportive of President Khatami, was sentenced to five years in prison for his participation in the Berlin meeting. Afshari was also arrested in late December on separate charges of espionage and spreading lies following remarks he reportedly made on November 26 at Amir Kabir University, and in which he asserted that the role of the Supreme Leader as above the constitution (velayat-e faqih) should be decided by a popular referendum. The January 17 summary closure of the journal Kiyan by Saeed Mortazavi, a judge in the Tehran General Court, was based on provisions of Irans penal code which empower the courts to seize and shut down instruments used for committing crimes. Judge Mortazavi reportedly claimed that Kiyan had published lies, disturbed public opinion, and insulted sacred religion. Such efforts by the government to criminalize the peaceful expression of critical thinking and writing displays a flagrant disregard for basic human rights that Iran is committed by treaty to uphold. These systematic attacks by the government of Iran on the internationally protected right to freedom of expression and the right to impart and receive information appear to be designed solely to punish and intimidate independent critical thinkers and writers. As such, they constitute a blatant violation of the rights to freedom of speech, freedom of assembly, and the free exchange of ideas. The bringing of these charges against these individualsnot to mention their arbitrary arrest, denial of due process, and now their convictionare entirely inconsistent with your governments treaty obligations under the International Covenant on Civil and Political Rights, to which Iran is a state party, as well as your governments declared objective of promoting a dialogue of civilizations. As a matter of utmost urgency, therefore, we appeal to you, in your capacity as Supreme Leader, to take the following steps. First, we ask that you request Ayatollah Mahmoud Hashemi-Shahroudi, Head of the Judiciary, to drop all pending charges against Ali Reza Afshari, charges that are clearly intended to punish him for exercising his internationally protected right to freedom of expression and to intimidate others from exercising this right. Second, we ask that you take steps to ensure that the unjust Revolutionary Court convictions imposed on January 13 and the Special Clergy Court conviction of Hojjat al-Islam Eshkevari can be appealed to a higher body or bodies whose procedures comply with international fair trial standards in order that they may be overturned. Third, we ask that you revoke the ban against the journal Kiyan, as well as the closure orders against the many other independent publications that have been forcibly shut down by the authorities over the past year. By taking these steps without delay, your government can avoid irreparable damage to Irans international standing as a country with a great tradition of learning and scholarly inquiry, and restore to Iranian society the benefits that result from the free exchange of ideas. We thank you in advance for your attention to this matter and look forward to your reply and corrective actions. Sincerely, cc: Hojjat al-Islam Mohammad Khatami, President of the Islamic Republic| |
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| December 20, 2000 President Zine El Abidine Ben Ali Presidential Palace Republic of Tunisia via fax: + 216 1 744 721 Dear President Ben Ali, The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association of North America is writing to protest your governments continued persecution of Dr. Moncef Marzouki, a professor of community medicine with the faculty of medicine at the University of Sousse. Dr. Marzouki, a prominent human rights activist, is also the spokesperson for the National Council on Liberties in Tunisia (Conseil Nationale des Libertés Tunisienne, CNLT), an independent human rights monitoring organization founded in December 1998. Dr. Marzouki was dismissed from his position at the University in late July, in apparent retaliation for meetings with government officials and journalists in Europe and the United States concerning Tunisias human rights record. He is scheduled to go on trial on December 30 on charges of disseminating false information with the intent of disturbing public order, and maintaining an unauthorized organizationan apparent reference to the CNLT. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for the principles of academic freedom and the freedom of expression in the region in connection with the study of the Middle East and North Africa. As fellow teachers and scholars, we strongly condemn these efforts to silence Dr. Marzouki and to punish him for his outspoken advocacy of democratic rights and basic freedoms in Tunisia. Dr. Marzoukis punitive dismissal from the university and the court proceedings violate Tunisias obligations under the International Covenant on Civil and Political Rights, which guarantee freedom of expression and freedom of association. The provisions of the press law and the penal code under which charges have been brought are inconsistent with those commitments. Indeed, you have yourself indicated a need to reform the press law on this account. We therefore urge that Dr. Marzouki be reinstated to his university post, and that the spurious politically-motivated criminal charges against him be dropped. Dr. Marzouki is a founding member and former president of the Tunisian League for Human Rights (LTDH), the first independent human rights organization in the Arab world. In 1994, in reprisal for his human rights activities, the government closed the Center for Community Medicine, which Dr. Marzouki had founded a year earlier. That same year Dr. Marzouki was jailed for four months after he put his name forward as an opposition candidate for president. Because of constant harassment, intimidation, and threats against Dr. Marzouki and his family, his wife and two daughters moved to Europe, where they still live today. His telephone and fax lines have been routinely and arbitrarily cut by the government, and he was unable to use his university office for telecommunication. For most of the period since 1994, Dr. Marzouki has been deprived of his passport and thus unable to travel abroad for professional purposes or to visit his family. The government has refused to allow the publication or distribution in Tunisia of many of his writings, including Introduction to Community Medicine and The Sacred Person: An Essay on the Universal Declaration of Human Rights. Dr. Marzouki was among the group of Tunisian human rights activists, many of them veterans of the LTDH before it was gravely weakened by government interference, who announced the formation in December 1998 of the CNLT. The organizations attempts to register as a recognized non-governmental organization have been refused by the authorities. Despite this, the CNLT has issued two excellent reports, one on prison conditions in 1999 and the other a comprehensive overview of human rights violations in Tunisia in March 2000. Dr. Marzouki and others associated with the CNLT have been subjected to repeated investigations for establishing an unauthorized organization. In June 1999, Dr. Marzouki was abducted by plainclothes security personnel and held incommunicado for several days before being released. In early June 2000, Dr. Marzoukis passport was finally returned to him. At that point he requested a two-week leave of absence from his university post. According to Dr. Marzouki, his teaching and grading responsibilities for the term had been completed, and he had several months of unused leave. His request was nevertheless denied, which he understood to indicate the continued intent of the authorities to prevent his travel abroad by other means. Using a medical doctors recommendation that he take time off for health reasons, he traveled to Europe and the United States for several weeks in June. During this trip Dr. Marzouki met with government officials, journalists, and human rights activists in Paris, London, and Washington. He returned to Tunis on July 5, 2000. On July 27, Dr. Marzouki was summoned to appear before the Disciplinary Council of the Ministry of Public Health to answer charges that the medical recommendation he submitted before he left the country was fraudulent, and that he had violated administrative procedures by traveling without permission. On July 28, in a speech to the cadre of the ruling RCD party, you charged that the actions of citizens who criticize Tunisia while abroad amount to treason. You also stated that, It is out of the question that in the name of public liberties illegal structures are set up claiming for themselves the status of associations, organizations, or committees. The next day, on July 29, Dr. Marzouki received a notice from the Ministry stating, This is to inform you that, on the basis of your referral to the Disciplinary Council on 27 July 2000, you have been permanently dismissed from your job. A statement by the Ministry of Health faxed to news agencies on July 31 indicated that [a]n official inquiry has yielded the evidence that Dr. Marzouki has attempted to mislead the authorities by submitting a bogus medical certificate to justify his illicit absence. It is our understanding that the Disciplinary Council in fact declined to take any action against Dr. Marzouki, and that the decision to dismiss him was taken unilaterally by government officials. His dismissal is completely disproportionate to the purported offense of traveling without administrative leave, and appears to be based solely on his peaceful expression of views critical of the government. For this reason, Dr. Marzouki should be reinstated without delay. In early October, Dr. Marzouki attended a meeting in Rabat of the Arab Working Groups on Human Rights, comprising about twenty independent scholars and activists from a number of Arab countries. On October 23, Dr. Marzouki was summoned to appear before an investigating judge on charges that his remarks to the group, which the government had obtained by undisclosed means, may have violated laws against spreading false information and defaming public order. On October 19 he was prevented from leaving the country to attend a meeting in Barcelona. He is now scheduled to appear before a court of the first instance on December 30 on charges of maintaining an unauthorized organizationthe CNLTand spreading false news with the intent of disturbing public order. If convicted on both charges, he could face up to eight years in prison. These criminal charges lodged against Dr. Marzouki are politically motivated and without merit, and are based on provisions of laws that appear to violate Tunisias obligations under international human rights law. Tunisia commendably is a state party to the International Covenant for Civil and Political Rights, which explicitly protects individual rights to freedom of association and freedom of expression. Under Tunisias constitution, such international treaty obligations take precedence over domestic law in cases of discrepancy between the two. It would therefore be appropriate for the court to assert its independence and dismiss the case against Dr. Marzouki. The dismissal of Dr. Marzouki from his university position and the attempts to use the courts to intimidate and silence him infringe on fundamental scholarly values of free expression. They are unworthy of a country such as Tunisia, which claims to place a high value on respect for democratic freedoms and the rule of law. We look forward to your positive response to this urgent and important matter. Respectfully yours, cc: Dr. Hadi Mhenni, Minster of Public Health |
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| July 11, 2000 His
Excellency Hosni Mubarak The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA), of the Middle East Studies Association of North America, is writing to express its deep concern over the June 30 arrest and imprisonment of Professor Saad Eddin Ibrahim and several of his associates at the research institute he directs, the Ibn Khaldun Center. We urge you to take all necessary steps to secure their immediate release from prison. We further call on your government to cease its unwarranted and chilling interference into the work of the Ibn Khaldun Center, a respected and renowned independent intellectual and public policy institute. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for principles of academic freedom and freedom of expression in the region and in connection with the study of the region. Dr. Ibrahim and at least three other personsTameer Nabil, Ahmad Ata, and Tareq Hassanare being held in al-Torah prison. Ms. Nadia Abd al-Nour, a Sudanese national, and the centers financial director, is being held at the Womens Prison in Qanater. Dr. Ibrahim and Ms. Abd al-Nour are being held for investigation on charges of unauthorized fund-raising, the use of such funds to commit forgery, and acceptance of foreign funds with the intent of damaging Egypts reputation. CAFMENA does not have information on the charges against the other detainees. Professor Ibrahim was taken from his home late on the night of June 30. His computer, files, and family safe were confiscated. Police also raided the offices of the Ibn Khaldun Center, detained Ms. Abd al-Nour, and confiscated materials. The Center has reportedly been cordoned off from further public access. In the days since, a number of additional staff members have reportedly been detained for questioning. Professor Ibrahim, an internationally respected scholar, is a professor of sociology at the American University in Cairo and currently chair of his department. The Ibn Khaldun Center has held numerous conferences and produced well-regarded studies on the importance of democratic reform and the strengthening of civil society in Egypt. At the time of these detentions, the center was engaged in plans to monitor forthcoming national parliamentary elections. The charges on which Dr. Ibrahim and his colleagues are being investigated appear to have been brought in order to prevent them from exercising their basic right to freedom of expression and freedom of association. The manner of their arrest, and the decision to detain them during the elections, can only be seen as a further attempt on the governments part to punish them and to intimidate other Egyptians engaged in or considering such efforts. By criminalizing the exercise of these rights, the government has again demonstrated a disturbing lack of tolerance for critical and independent views. It reflects poorly on your government to respond in this fashion to the activities of a committed Egyptian researcher and public intellectual whose transgression, it appears, has been to publicize shortcomings in the Egyptian electoral system. The detention of Professor Ibrahim and his colleagues shows how little progress your government has made in allowing independent voices to be heard in Egypt. This action betrays, furthermore, a disturbing tendency of the government to manipulate and misuse the law in order to insulate itself from criticism and to undermine the efforts of those working to bring democratic reform to Egypt. We consider it a matter of greatest urgency that your government secure the immediate release of Dr. Ibrahim and his colleagues from prison. We further call on your government to foster conditions in which such voices can thrive in order for the process of democratic reform in Egypt to move forward, in accordance with its commitments under international law. This must include respect for the rights of academic researchers to undertake activities in support of political reform. Respectfully yours, cc: Ambassador Nabil Fahmy, Washington, DC |
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22 May 2000 President Yasser Arafat Dear President Arafat:
The Committee on Academic Freedom in the Middle East
and North Africa (CAFMENA), of the Middle East Studies Association, is writing to express
its grave concern over the arrest and continued detention without charge of Dr. Abd
al-Sattar Qassim of An-Najah National University in Nablus. The Middle East Studies Association of North Africa
(MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle
East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and
is committed to ensuring respect for principles of academic freedom and freedom of
expression in the region and in connection with the study of the region. According to information we received, Dr. Qassim was
arrested in November 1999 and detained for six weeks without charge. Dr. Qassim was arrested again on 18 February 2000,
and remains in detention at the Jericho jail. No
formal charges have been brought against Dr. Qassim.
His computer, files, and other personal materials have reportedly been confiscated. It appears that Dr. Qassims arrest is
related to his signing the Petition of 20 (bayan al-ashrin) in November 1999. The petition, signed by 20 prominent Palestinians,
including members of the Palestinian Legislative Council, criticized the Palestinian
National Authority over corruption and political mismanagement. We believe that Dr. Qassim is being punished for the
non-violent expression of his political views. This serious infringement of Dr.
Qassims academic freedom, furthermore, deprives his students at An-Najah National
University from benefiting from his widely-recognized scholarly expertise. We therefore ask that the Palestinian National
Authority either release Dr. Qassim immediately or file formal charges against him for an
internationally recognizable criminal offense and accord him his right to a fair trial. Finally, we respectfully request that no further
harassment of Dr. Qassimor other Palestinian scholars who express non-violent
criticism of government policiesoccur. You
and other high Palestinian officials have stated on a number of occasions that you are
committed to respecting all internationally recognized human rights standards. We urge you
to ensure that, in the spirit of this commitment, officials of the Palestinian National
Authority will desist from arbitrary detention and other illegal steps designed to
intimidate scholars and others from expressing critical views. Thank you for your consideration of this matter. We look forward to your reply. Respectfully, cc: Mr.
Freih Abu Meddein, Minister of Justice |
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| May 12, 2000 His Excellency Zine El Abidine Ben Ali President of the Republic of Tunisia Your Excellency: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA), of the Middle East Studies Association of North America, is writing with regard to the case of Jean-François Poirier. According to information we received, on January 13, 2000, Mr. Poirier, a French national, was summarily dismissed from his position as assistant professor of philosophy at the Institut des Sciences Humaines of the University of Tunis. This dismissal was without apparent cause, in violation of the contract Mr. Poirier had concluded with the Ministry of Higher Education. The decision of your government to dismiss Mr. Poirier appears to have been related to his role as Literary Director of Editions Aloés, a Tunis-based publishing house operated by Sihem Ben Sedrine, who is also a prominent human rights activist. On February 13, Mr. Poirier was given thirty hours notice to leave the country. The Middle East Studies Association of North America (MESA) comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa, and is the preeminent professional association in the field. The association publishes the International Journal of Middle East Studies, and is committed to ensuring respect for principles of academic freedom and freedom of expression in the region and in connection with the study of the region. The actions taken by your government to terminate and subsequently to deport Mr. Poirier appear to have been in reprisal for his exercise of his right to freedom of expression and freedom of association. These are rights guaranteed by international law, and specifically by the International Covenant for Civil and Political Rights, to which Tunisia is a state party. We, therefore, strongly urge you to request that the Institute reinstate Mr. Poirier in his position as assistant professor, with all the rights and duties associated with that position. We also request that your government desist from measures aimed at silencing and intimidating persons merely for the non-violent expression of views that may be critical of the government. According to Mr. Poirier, on January 13, 2000, Dr. Mohamed Mahjoub, the Director of the Institute, summoned him from an exam he was administering to inform him that the Ministry of Higher Education had reviewed and rejected his employment contract. In a press statement dated February 9, the Institute asserted that Mr. Poiriers contract had been rejected because he only had a Degree of Advanced Studies (Diplome dÉtudes Approfondies) and thus was not qualified for the appointment. The statement also said that the government had never signed the contract, and therefore could not be considered to be in breach of contract. This statement came after several weeks of public petitions and protests on behalf of Mr. Poirier, particularly among academics and human rights activists in France, and several days before he was ordered to leave the country. This account, however, is at odds with documentation provided by Mr. Poirier. According to this correspondence, Mr. Poirier was informed by the Director of the Institute in late October 1999 that the Ministry of Higher Education had approved his hiring. On October 26, Mr. Aberraouf Mahbouli, President of the Université des Lettres, des Arts et des Sciences Humaines of Tunis I, wrote to the Director of the Institute to report that the General Director of Higher Education in the Ministry, Noureddine Dougui, had informed him, in a letter dated October 19, 1999 (correspondence number 4570), that Mr. Poiriers application for the position of assistant professor of philosophy at the Institute for the academic year 1999-2000 was approved. The letter asked that Mr. Poirier be invited to report to the Institute immediately. According to Mr. Poirier, he signed a contract and was told that a confirmation letter would be sent to him after it had been processed. Mr. Poiriers sudden lack of qualification for this post does not represent a credible explanation for his dismissal, given the ministrys apparent acceptance of those same credentials three months earlier. Mr. Poirier believes that his dismissal may have reflected government unhappiness with critical French media coverage of the October 1999 presidential election, rather than an action directed at him personally. This, if true, would not make the decision any more acceptable or legitimate from an academic freedom standpoint. Subsequent to his dismissal on January 13, Mr. Poirier wrote to the Minister of Higher Education requesting to be reinstated in his post, or for an explanation as to why this would not be acceptable. He has to this date received no response. CAFMENA finds it difficult to avoid concluding that Mr. Poiriers dismissal was related to his association with Sihem Ben Sedrine and Editions Aloés, the publishing company she directs and with which he was closely associated. Aloès publications are by all accounts decidedly non-political, and consist of books on philosophy, art, and natural history in the Mediterranean region. It had recently published a historical novel by Ahmed Azouz, a member of the RCD party headed by yourself, and a book on endangered species in the Mediterranean sea. At the time of this incident, it was working on the publication of a collection of essays on Michel Foucault by well-known Tunisian scholars such as Hichem Djait, and a translation of poems by Lorand Gaspar. Although the publication output of Editions Aloés is non-political, its director, Sihem Ben Sedrine, is a well-known human rights activist. She and her husband, Omar Mestiri, are among the co-founders of the National Council for Liberties in Tunisia (Conseil national pour les libertés en Tunisie, CNLT), a human rights monitoring group that has continued to function despite the governments refusal to accept its application for legal status. Mr. Poiriers living quarters, which were in the same building as the offices of Editions Aloés (at 47, rue Abdelwahab, 1008 Tunis), were ransacked on December 8, 1999. The office of Aloés was broken into on the night of December 30, and its computers and some archives were stolen. The order deporting Mr. Poirier immediately followed his return from a visit to Sfax, in the south of the country, with Sihem Ben Sedrine and Taoufiq Ben Brik, an independent journalist also active with the CNLT, to investigate police treatment of students following demonstrations on February 4. The office of Editions Aloés, which had become a meeting place for Tunisian writers, artists, and human rights defenders, was forcibly evacuated and sealed by the authorities on April 10, following a gathering to discuss the suppression of press freedoms in Tunisia. CAFMENA believes that the dismissal without cause and deportation of Mr. Poirier constitutes an infringement of his academic freedom and his right to freedom of expression and association. It is also an infringement of the right of his students to benefit from his scholarly expertise and pedagogical skills. For this reason we request that your government arrange for his reinstatement in his position at the Institute. We commend Tunisia for its adherence to the preeminent international human rights treaties, notably the International Covenant for Civil and Political Rights. Under Tunisias constitution, such international treaty obligations take precedence over domestic law in cases of discrepancy between the two. We, therefore, further request that the government meet its clear responsibility under international law to protect the right of Tunisian academics and others to basic democratic freedoms, including freedom of expression and freedom of association. The governments dismissal and deportation of Mr. Poirier and the campaign of harassment against Editons Aloés infringe on fundamental scholarly values of free expression, and do great damage to Tunisias international image as a country that values democratic freedoms and the rule of law. Respectfully yours, CC: Minister of Higher Education |
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March 6, 2000 CAFMENA thus regards the
convictions of Dr. Shu`ayb and Dr. al-Baghdadi as indications of a disturbing erosion of
freedom of expression, and clear violations of the basic human rights of Kuwaiti writers
and thinkers. Intimidation, censorship and state suppression of intellectual activities
contravene the International Covenant on Civil and Political Rights (ICCPR), which Kuwait
as a signatory is pledged to uphold, as well as Kuwaits own constitution, which
expressly protects these rights. |
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| December 1, 1999 Istemihan
Talay, Minister of Culture Dear Minister Talay: I am writing to you on behalf of the Board of Directors of the Middle East Studies Association. It has come to our attention that the Under-Secretary of the Turkish Ministry of Culture, Tekin Aybas, has expressed himself willing to investigate the possibility of changing the rules concerning residence and research permits in Turkish libraries and museums for both Turkish and foreign scholars who use them. We would like to encourage the initiative on behalf of the international research community which we represent. Access to the Prime Ministry Ottoman Archives (the Basbakanlik Osmanli Arsivi) has improved considerably in the last 10 to 15 years, allowing for more immediate access to the catalogues of the collection, and general permission to use the documents within a few days. These simplified procedures have resulted in the increased use of the BOA which is reflected in recent studies on the Ottomans and the early Republic by both Turkish and foreign scholars which have appeared since that time. For all the other libraries and research collections under the aegis of the Ministry of Culture there remain serious obstacles to access to the materials. There are basically two separate problems. One is the ikamet or residence permit process, required of any foreign scholar who wishes to conduct research in Turkish libraries and museums. The other is the need to request permission to use each and every facility which an individual scholar, including Turkish scholars, may think is important to his or her research from the central office of the Ministry of Culture in Ankara. A letter of permission must be sent from the Ministry in Ankara to each library or museum concerned, which, for some researchers, could involve five to ten libraries. This can lead to situations where the potential researcher has 1) the residence permit, but cannot use the library or museum because there is no research permit, or 2) has the research access, but not the ikamet. Similarly, the process of renewal of permissions once acquired can seriously derail a research agenda if the ikametexpires before the completion of a project, and the individual scholar is forced to leave the country before the residence renewal has been granted. What is important is access to unique resources. The manuscript collections of Turkey are some of the richest in the world. The international community of scholars understands the need to control the use of valuable and vulnerable collections from the point of view of preservation. The practice of restricted access to fragile and unique documents, and restricted photocopy and microfilm privileges is hardly unique to Turkey. We do suggest, however, that your serious attention be given to a simplification of the research permit procedures, plus a reconsideration of the necessity of linking the ikamet requirements to bona fide scholarly research, especially for short-term visits. The research community which we represent which includes scholars in the United States, Canada, Germany, France, Israel, Japan, the United Kingdom, as well as in Turkey and its neighboring countries in the Arab world and the Balkans, would appreciate any effort which could be made by the Ministry to improve the research environment in Turkey. Respectfully submitted, Mark J. Lowder Original letter also sent to: Ismail Cem, Minister for Foreign Affairs. Copies sent to: Turkish Ambassadors to Bonn, London, Ottowa, Paris, Rome, Tel-Aviv, Tokyo, US; Cultural Attaché, US Embassy in Ankara; Los Angeles Consulate General; ARIT Offices in Ankara and Istanbul; BRISMES, DAVO; AFEMAM; and JAMES. |
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This letter was sent
under the auspices of the Middle East Studies Association and Human Rights Watch. The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) and the Human Rights Watch Academic Freedom Committee are writing to express our concern over the ouster of Dr. Mustafa Hamarneh as director of the Centre for Strategic Studies at the University of Jordan. In the absence of any academic justification for his removal, we call upon you to reinstate Dr. Hamarneh promptly as the Centres director. CAFMENA works on behalf of the Middle East Studies
Association of North America, which comprises 2,700 scholars and teachers worldwide, to
promote respect for the principle of academic freedom throughout the region. Human Rights
Watch monitors human rights violations around the world. The Academic Freedom Committee
promotes the right of scholars and students to express their views as citizens and to
study, research, teach, and publish without political interference. CC: King Abdallah |
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21 May 1999 Dr. John Gerhart, President Dear Dr. Gerhart: MESAs Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) is writing to express concern about threats to academic freedom at the American University in Cairo as a result of ongoing controversy over the inclusion of Muhammad Choukris novel, Al-Khubz Al-Hafi, in a freshman seminar on Arabic literature. We encourage you to maintain the University's long tradition of academic freedom, and vigorously to defend the autonomy of your faculty when it is threatened. We appreciate your strong public endorsement of academic freedom and faculty independence on several occasions since this controversy erupted and AUCs efforts to preserve an environment of intellectual openness. At the same time, we are concerned that public comments by university officials and staff as well as actions intended to restrict materials approved for use by faculty, have contributed to an atmosphere that is inconsistent with the university's long tradition of upholding the spirit of free inquiry and the free exchange of ideas. Despite facing considerable pressure from colleagues and the Egyptian media, individual faculty have insisted on their right to academic freedom and deserve your unqualified support. The Middle East Studies Association comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. In December 1998, the parents of some of the students enrolled in a freshman seminar on Arabic Literature taught by Professor Samia Mehrez complained to your office that they found the sexual content of Choukris widely acclaimed novel to be offensive. Although the book has been legally available in Egypt since 1971, the parents demanded that it be removed from use, and that Professor Mehrez apologize to the students for its inclusion on her syllabus. On 17 December, Professor Mehrez was called to a meeting in your office to discuss the parents concerns. Following this meeting articles attacking the University, the Department of Arabic Studies, and Professor Mehrez appeared in several Egyptian papers, repeatedly accusing the University of teaching pornography and of showing a lack of regard for the values of Egyptians. In a 26 April letter to AUC, responding to an inquiry from the University, the Office of the Censor at the Ministry of Information stated that the government had banned Al-Khubz Al-Hafi and the novel is no longer legally available for use by AUC. CAFMENA recognizes the difficult balance AUC strives to maintain. It is an institution based in Egypt and bound by Egyptian law, including laws authorizing censorship that we are addressing in a separate letter to the Government. We are deeply disturbed by the unfortunate climate of intellectual intimidation and physical threat in which AUC faculty operate, a climate to which the Egyptian press has contributed and which the government has not adequately addressed. However, it is precisely under such conditions that the role of the University in defense of academic freedoms becomes most important. While we applaud some of the steps you have taken in the wake of this controversy, such as instituting a complaints procedure for students and parents, there remains the possibility if not the likelihood that the university will remain under close public scrutiny. We therefore urge you, on behalf of the University, to play a more vigorous and proactive role in support of the intellectual autonomy of AUC faculty, including efforts to communicate the Universitys support for faculty to the parents of AUC students, the media, and the Egyptian Government. We urge you to adopt a more active and critical role in response to the practice of censorship by the Egyptian Government. In addition, CAFMENA calls on you to ensure that university departments adhere to democratic procedures in their exercise of self-governance. One role for the administration of any university is to protect the right of faculty to select texts independently, and to ensure that legitimate review procedures should not become a means of constricting that right in the name of avoiding controversy. As you have publicly affirmed on numerous occasions, academic freedom includes respect for the right of faculty and departments independently to select instructional materials and to develop curricula. Such freedoms are only possible, however, when departments themselves respect established democratic procedures and when faculty are protected from administrative pressure to avoid texts that might be controversial. In our view, it is imperative that any curriculum review undertaken by the Department of Arabic Studies be carried out with full respect for the rights of individual faculty to participate in such a review and to assign texts at their own discretion, within the limits of Egyptian law. While the University has consistently affirmed the principle of faculty autonomy, statements such as that of March 3rd indicating that professors should assign materials that are appropriate to the subject matter and to the society in which we work lend themselves to the conclusion that faculty should avoid controversial materials, thus undermining the university's support for academic freedom in practice. The chair of the department, Professor Mahmoud El-Rabie, also contributed to this atmosphere of restriction by claiming, in an 11 January letter to Al-Wafd, that the department had met and decided that instructors would henceforth choose class texts from a list prepared by the department to guarantee that what happened will not be repeated. To the best of our knowledge, the faculty had not been consulted about such an innovation and many subsequently resisted the efforts of Dr. El Rabie and some colleagues to implement such an arrangement. This concern is only partially dispelled by the draft of new text selection procedures agreed to by the faculty of the Department of Arabic Studies, which you provided to CAFMENA in response to our initial letter on this matter. Under previous procedures, a professor teaching an Arabic literature course described as emphasizing Egyptian literature would have been able to assign some texts by non-Egyptians, such as Al-Khubz al-Hafi. We are pleased that questions concerning the suitability of reading material are referred initially to the professor concerned, and that any final decision will be made in the Literature Unit. At the same time, these new procedures, which state that all faculty are bound by the current university approved course descriptions, appear to increase the level of oversight and approval demanded of faculty in designing their reading lists, and thus potentially to limit such flexibility. In closing, CAFMENA remains concerned that Professor El Rabies letter in Al-Wafd and some of your statements have left the impression that AUC regards Professor Mehrez to have acted improperly, and views the Governments imposition of censorship as a minor inconvenience. Professor El Rabies letter to Al-Wafd presented Professor Mehrezs transgressive use of Al-Khubz Al-Hafi as one individual case unprecedented in the departments thirty year history. He then cited recent incidents at Cairo and Mansoura universities where books deemed objectionable were removed from the curriculum. The AUC statement of 3 March affirming that No action will be taken against the professor fails to make clear that this decision represented the administrations conviction that she had done nothing to merit censure or discipline. Your comment to Al-Ahram Weekly (28 January-3 February 1999) that AUC had not been significantly affected by the censordespite the controversy over Al-Khubz Al-Hafi, the November banning of Alifa Rifaats volume of stories, Distant View of a Minaret, and the May 1998 banning of Maxime Rodinsons Muhammad on the grounds that it was inimical to Islamconveyed an unfortunate ambiguity and sense of complacency about AUCs position on issues of academic freedom and censorship. In light of the fierce press campaign against AUC and Professor Mehrez in particular, a statement in Al-Ahram or some similar public venue affirming that Professor Mehrezs actions were fully consistent with the principle of academic freedom and expressing concern about the impact of censorship would have been a welcome concrete demonstration of AUCs longstanding role on behalf of intellectual freedom in Egypt. |
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| 21 May 1999 His Excellency Husni Mubarak Your Excellency, The Committee on Academic Freedom of the Middle East Studies Association of North America is writing to urge you to make a public commitment to defend academic freedom in Egypt and the free flow of information and ideas. We take this step in response to reports of increasing censorship and book-banning by the Ministry of Information. Officials such as yourself should play a leading role in promoting tolerance and respect for basic rights. In the face of recent challenges in the media and elsewhere to the fundamental right to receive and to impart information, the government has failed to meet this responsibility and has in fact acted to abridge this right. The Middle East Studies Association comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. The most recent instance of book-banning by the Ministry of Information, to our knowledge, is the notice dated April 26, 1999, in which the director of the Office of the Censor in the ministry informed the American University in Cairo that Muhammad Choukris novel, Al-Khubz Al-Hafi, a book that has been legally available in Egypt for many years, was henceforth banned from sale and circulation on the grounds that it contains extreme pornographic scenes which do not fit with our social and religious traditions. Subsequently, we understand, this ban was applied to the sale and circulation of this book in Egypt generally. Choukris semi-autobiographical novel, which appeared in 1971 and is widely regarded a major work of modern Arabic literature, had come to public attention in December and January, after parents of some AUC students complained to the university regarding the book's assignment in an Arabic literature class. During the ensuing controversy, in response to a comment from Dr. Moufid Mahmoud Shehab, the Minister of Higher Education, that he would look into the matter, the university administration wrote to the minister assuring him that the matter would be resolved within the university, in a manner that affirmed the right of university faculty to select their course material without outside interference. On March 2, Dr. Shehab, speaking before the education committee of the People's Assembly and citing assurances from AUC, asserted that the university would not include this or other offensive material in future curricula and then added: I will prevent the study of the [Choukri] book in any educational curriculum, in order to protect the values and traditions of Egyptian society.... The April 26 letter from the censors office formally added this renowned novel to the scores of books which the ministry has banned in the past year alone. We had written you previously, on 16 June 1998, following a similar incident in which the government banned the sale and classroom or library use of Maxime Rodinsons classic biography of the Prophet, Muhammad. In November 1998, Alifa Rifa'ats Distant View of a Minaret was banned without explanation, after having been taught as part of the universitys core curricula for many years without objection or incident. In addition to banning these three books from use in AUC classrooms, between May 1998 and April 1999 the censorship office has reportedly reviewed some 450 titles, and ruled that some 89 of them may not be sold in the AUC bookstore. The list includes one of the works of Egypt's Nobel Prize-winning writer Naguib Mahfouz. Typically, a decision by the Office of the Censor to forbid the sale of a particular book is followed by the withdrawal of the banned text from bookstores, and often the removal of all available copies from libraries as well. We recognize that the AUC is an institution that must operate in accordance with Egyptian laws and in response to administrative decrees such as that of 26 April. On this basis we strongly deplore the role your government has played in abridging the rights of AUC students and faculty, and those of Egyptian citizens generally, to free expression and the right to receive and impart information. These are rights that are guaranteed under Article 19 of the International Covenant on Civil and Political Rights, to which Egypt is a state party, and that can be restricted only for sound reasons of national security, public order, or public health and morals. The banning of these books, particularly in a university setting, clearly exceeds these permissible grounds for restriction. The Office of the Censor has reportedly refused to provide the university with a list of banned books, and it is not at all clear that such a list exists, adding to the sense that many of these decisions are capricious and arbitrary as well as violations of academic freedom and the right to freedom of expression. Your excellency, book-banning and similar acts of official censorship help to sustain a climate of intolerance that is debilitating to society in general and to intellectual life in particular. The effects, moreover, are not limited to those cases of direct government intervention, for they add measurably to a sense of vulnerability and siege among academic institutions, faculty and students. Governments and universities share an obligation to society to work together in promoting tolerance and a diversity of viewpoints. The government of Egypt recently issued a commemorative stamp to celebrate the 50th anniversary of the Universal Declaration of Human Rights. We ask you to make operational the commitment contained in the preamble to the Declaration, in which member states pledge themselves that every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms. This cannot occur when educators and students are denied the right to receive and impart information, and when the government capitulates to intolerant elements in society and itself participates in silencing competing ideas. We ask you to take steps now to end official and state-sanctioned book-banning in Egypt, and thereby to affirm publicly your governments commitment to the rights of free expression and the free flow of ideas that are fundamental to a civilized society. |
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| 15 March 1999 Prime Minister Benjamin Netanyahu Dear Prime Minister Netanyahu, The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association continues to be concerned at restrictions the Israeli government imposes on students in the West Bank and Gaza Strip. In particular, we are alarmed in regard to the case of Iyad Habib Muhammad, president of the Bir Zeit University student council. Mr. Habib's recent arrest, subsequent detention, and denial of his right to legal counsel epitomizes a pattern of harassment of Bir Zeit students, which is disconcerting to all who share an interest in protecting academic freedom and the right to education. The Middle East Studies Association comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. Mr. Habib was arrested by the Israeli General Security Services on January 26th and five prevention orders have since been issued, depriving him of his right to meet with legal counsel. Israeli authorities have not informed Mr. Habis family or lawyer of the reasons for his arrest. Mr. Habib was, however, arrested while leaving Bir Zeit subsequent to a long period of harassment during which Mr. Habib was often stopped at checkpoints set up by the Israeli authorities on the road to and from the university and interrogated about his campus activities. Mr. Habibs is not an isolated case, but rather exemplifies the treatment to which Bir Zeit student leaders have long been subject. There are currently fifty-five Bir Zeit students in detention in Israeli prisons, including past and present members of the student council, as well as a previous student council president. In just the last nine days, ten students have been detained on the basis of their Bir Zeit activities. Such sanctions on those who presume the right to speak and act freely in an academic context infringe on the fundamental scholarly value of free expression, without which a university cannot properly function. These sanctions come within the larger context of a number of Israeli actions impinging on the right to education of those Palestinians resident in the West Bank and Gaza Strip. Among these actions are the difficulties Gazan students have had in obtaining permits to study at Bir Zeit; the constant closures which have made access to Bir Zeit difficult even for students already in the West Bank; and the sealing of the road to Bir Zeit, making the university inaccessible to students and faculty for months at a time. These actions, by infringing on the academic freedom of Palestinians and their right to access to education, violate Israel's legally binding obligations under bilateral and multilateral international agreements to which it is a party. Under the Oslo and Taba Agreements, safe passage between the Gaza Strip and West Bank is guaranteed, but restrictions on Gazan students continue to violate this guarantee. Israeli closures on the West Bank and Gazawhich, among other things, negatively impact access to Bir Zeit--contradict the Geneva Conventions ban on collective punishments. Article 13 of the International Covenant on Economic and Social Rights, to which Israel is a signatory, affirms the right to education and that education shall be...accessible to all by every appropriate means. The frequent and protracted closing of the roads to Bir Zeit clearly contradicts this guarantee of access to educational facilities. Lastly, with specific reference to Mr. Habib, the International Covenant on Civil and Political Rights (ICCPR) article 10 guarantees that no individual will be subject to arbitrary arrest or detention, and that anyone who is arrested will be promptly informed of the reason for that arrest. Article 14 of the ICCPR further affirms the right to a prompt trial and right to consult legal counsel. Israel is a signatory to the ICCPR, and we would re-affirm its obligation to respect these provisions. Their violation in this manner is illegal. We acknowledge Israels legitimate security concerns. The measures it takes, however, must conform to international human rights law. Those legally binding treaties to which Israel is a party were developed precisely to address circumstances of conflict and civil emergency. In light of Israels legal obligations and the stake we all share in academic freedom, CAFMENA urges Israel to end its policies which target universities in the West Bank and Gaza Strip and their students. With specific reference to Mr. Habib, we urge that his academic freedom and that of his colleagues at Bir Zeit be respected. Most urgently, we respectfully ask that Mr. Habibs legal rights be guaranteed, that he be granted his right to see a lawyer, and that they both be informed of the charges which Mr. Habib faces. |
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| 27 November 1998 Honorable President Mohamed Khatami Dear Mr. President: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) would like to express its profound concern about the continued denial of the right to higher education to the Baha`is of Iran. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. Since 1980 the Iranian Baha`is have endured widespread discrimination and persecution, to the extent that the communitys ability to survive as a faith has been seriously threatened. Individual Baha`is have been subjected to serious and frequent harassment. Since the establishment of the Islamic Republic, more than 200 leading Baha`is have been executed. In general, continued adherence to the faith has been highly costly, if not life-threatening. To mention only a few examples, according to various U.N. reports since the early 1980s, the conditions for their survival in the private sector were made extremely difficult, when the government confiscated numerous Baha`i-owned properties (U.N. A/43/705, p. 14). Many Baha`is told the U.N. Special Representative, Professor Galindo Pohl, that it had constantly been made clear to them that, if they recanted their faith, all measures against them would cease and they could regain their posts and studies (U.N. A/42/648, p. 10). Baha`is had to be extremely daring to attempt to circulate any books pertaining to their faith, even among themselves. Obviously no classes could be held for educating children in Baha`i spiritual and moral values (U.N. A/47/617). Neither Baha`i marriages nor divorces are legally recognized in the Islamic Republic of Iran. Baha`is continue to be deprived of inheritance rights (U.N.A/47/617). From 1980 to 1988 the conditions for the survival of this minority were horrendous. Since 1988, however, the government has responded to international pressure and somewhat modified its repressive policies, and the Baha`is have gained some breathing space. We have been disturbed by these intolerable conditions for a long time. In particular, however, we are primarily concerned with academic freedom and the denial of higher education to young Baha`is. We are pleased to note that a change of policy in 1989 allowed Baha`i students to be readmitted to elementary and secondary schools for the first time since the Iranian Revolution. But, as Galindo Pohl noted in 1995, young Baha`is continue to be denied access to higher education (U.N. E/CN.4/1995/55). And today, universities remain closed to Baha`i students. Baha`i professors have been ousted from Iranian universities, and in the 1980s they were trying, in the words of one U.N. report, to survive as truck drivers or flower salesmen (U.N. A/45/697). It is a testimony to human perseverance that, despite this egregious institutional denial, the Baha`is took the extraordinary step of founding a self-help university, offering some degree of higher education for their young people. In a climate of intimidation and fear, they managed to establish classes and laboratories in their homes and office buildings. They provided courses in a variety of academic majors, from engineering to English; they offered degrees through correspondence and in classrooms. Some 1000 students benefited. It seems that the dismissed professors had at last found the opportunity to put their hard-earned knowledge and expertise to some valuable use. We were greatly disturbed by the news that on September 29, 1998 the government security forces raided some 500 private homes and offices, putting an end to these remarkable educational efforts. According to news reports, the authorities initially arrested at least 36 people, although most of them were released after a month in prison. We are concerned about the fate of the four Baha`is who were not set free. From any political or religious angle, the picture appears quite pathetic, in that the state authorities seem to have gone on a rampage, confiscating textbooks and laboratory equipment and arresting academic lecturers and instructors. The security police returned to their headquarters not with misleading religious texts, but printed materials on dentistry and physics. Mr. President, on your recent visit to the United Nations in New York, you once again emphasized the need for an inter-civilizational dialogue. The picture that has been described above suggests a rather inauspicious backdrop for any kind of dialogue. What we wish to request is not a reversal of this latest policy of crackdown, simply allowing the Baha`is to continue their informal educational endeavors by relying on their own meager means. We would like to ask the government to make a fresh start, permitting Baha`i students to enter Iranian institutions of higher education without discrimination or prejudice. In 1988, as we have mentioned, the Islamic Republic reversed its previous policy and allowed Baha`i students to register in state elementary and secondary schools. The earth did not shake, nor did the sky fall. It is difficult to imagine that there would be any adverse results if the same thing is done for higher education. If this is permitted, not only will this beleaguered minority regain more of their basic human rights, but Iran will also benefit as a whole. |
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| 15 June 1998 His Highness Shaikh 'Isa ibn Salman al-Khalifa Your Highness: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) would like to express its profound concern about the deteriorating conditions of academic life in Bahrain. International reports and individual testimonies all indicate the continuation of an egregious violation of academic freedom. These excesses have reached intolerable proportions during the year 1997-1998, affecting both secondary school and university students. The Middle East Studies Association comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. We recognize that Bahrain has been successful in training and preparing an impressive group of intellectuals and academics. It is unfortunate that many of them are subjected to a coercive policy that limits their academic freedom and their opportunities for employment and professional advancement. Of particular concern is what appears to be an officially sanctioned policy of intimidation and the selective application of restrictions on academics. Such persistent censorship stifles thought and discourages intellectual activities; it also inhibits free discussion of the severe problems that the current policy has created in the educational system. Continued police surveillance creates a terror-stricken environment hardly conducive to freedom of thought and dissemination of knowledge. Even outside academia, the policy has had a chilling impact on freedom of expression. One example is the dismissal of the elected Board of the Bar Association for inviting some well-known figures to give a public lecture. Other professional societies were also forced to place restrictions on their programs. Among those whose lectures were canceled were the ex-Minister of Education, Ali Fakhro, and the prominent entrepreneur Mohamad Jalal. We have been particularly alarmed by the policy of ethnic-religious discrimination that is primarily directed against the Shia population. The impact of this policy is gravely felt at all levels of education, from school children to university students, from teachers to professors. We are especially concerned with the educational life of young students in high schools. It is unfortunate that the sanctity of school grounds and classrooms has been breached by the police. One report indicates that over one hundred young students have been targeted by such unlawful police action. We have been informed of the cases of students who, after being discharged from detention, have been prevented from resuming their studies or seeking gainful employment. For example, Usama Kadhim has not been able to resume his education or to find employment. Children's rights to education, protection and nurturing are protected under the United Nations Convention on the Right of the Child, to which Bahrain is a signatory. These rights are also guaranteed by the Bahraini constitution. The Shia faculty and personnel have been progressively purged from the University. This has reached an alarming proportion in some departments, including the School of Engineering. In other areas of University employment, the Shias have been subjected to a policy that seeks to demote and alienate them. This policy has been followed irrespective of academic qualification and in total disregard of fundamental principles of equity. According to our information, the Shia faculty and students feel strongly that their individual dignity and integrity have been violated. They resent being subjected to official discrimination and public obloquy. We respectfully remind you of the Bahraini Constitution's Article 7(d) which provides for the inviolability of educational institutions and Article 23 which guarantees the right to freedom of speech and scientific research. It is clear to us that the recent measures adopted by your government contravene these articles. They also violate Article 19 of the Universal Declaration of Human Rights which endorses the right to freedom of opinion and expression. We urgently request your government to take all appropriate measures to put an end to these abuses and bring back the educational system of your country to a normal and healthy life, free from intimidation and anxiety. |
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| 16 June 1998 His Excellency Hosni Mubarak Your Excellency: Freedom of expression and the unencumbered pursuit of knowledge are the cornerstones of academe. In todays world only those faculty who are left free to teach and conduct scholarship are capable of serving their students and offer science and progress to their nations. Perhaps nothing disturbs academics more than political pressure limiting the scope of academic inquiry. Especially detestable is the banishing of academic books. The Middle East Studies Association comprises 2700 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. According to recent reports, a lecturer at the American University in Cairo assigned to his class the book Muhammad, a classic text by the internationally renowned scholar, Maxime Rodinson. This book has been a standard university-level text in Middle Eastern studies throughout the French and English speaking world for the last twenty-five years. At AUC it was assigned for a critical book review along with several other books on the same topic. A student named Fadi Masri circulated a petition criticizing the use of the book. To make his point, he quoted out of context certain passages from the book. Then, a journalist named Salah Muntasser published an article in the 13 May 1998 issue of al-Ahram, stating that the book contained passages that insult Islamic beliefs and ridicule the Holy Book. President Hosni Mubarak gave an order, through the Minister of Higher Education, to the American University in Cairo to prohibit the use of Maxime Rodinson's book. The American University in Cairo noted that the book has been available in Egypt and used by the universitys students since its publication in the early 1970s. AUC Dean Cynthia Nelson drafted a letter responding to the order, but al-Ahram refused to print it. In response to the President's order, the University felt compelled to inform professors that they could no longer include the book in their reading lists. Likewise, librarians were ordered to remove it from the library and the bookstore to cease selling it to students. All this was done on the extremely tenuous ground that it had been deemed insulting to Islam's Prophet Muhammad. The presidential decree violates the most basic tenets of academic freedom. Rodinsons Muhammad is a respected text among the international community of scholars. It is totally unacceptable to us, as it is to academics in every discipline around the world, that a university should receive a presidential decree ordering it not to use a book written by an academic scholar. That judgment should be left to academics themselves. The issuance of such a decree is blatant political interference that bodes ill for any institution of higher learning. From the second half of the nineteenth century, Egypt flourished culturally and intellectually mostly during the periods when it tolerated varying political and intellectual viewpoints. Indeed this tolerance has been its greatest source of strength, contributing greatly to the enrichment of its culture. It is unthinkable that Egypt could be entering into a period of academic censorship that would impoverish its intellectual heritage and violate international standards of academic freedom and human rights. We urge the President of the Republic to let universities carry on their mission of higher education without political interference. We urge al-Ahram to print Dean Nelsons rebuttal. We urge the university to return the book to its course lists, to the library, and bookstore. Finally we urge the Ministry of Education to allow the free flow of ideas and the uncensored circulation of scholarly texts. |
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| May 22, 1997 His Excellency Hosni Mubarak Your Excellency: The Committee on Academic Freedom of the Middle East Studies Association wishes to express its concern for the arrest and preventative detention of Dr. Ahmad al-Ahwaney, professor of Nuclear Energy at Cairo University. According to our information, Dr. al-Ahwaney was first arrested on April 24, 1997, and held in preventative detention for 15 days. This detention was renewed for another 15 days on May 6, 1997, and Dr. al-Ahwaney continues to be held at Isteqbal Tora prison. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The Association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. According to our information, Dr. al-Ahwaney has been accused of preparing documents for distribution that would, if distributed, destabilize public order or damage public interests. Dr. al-Ahwaney has denied these charges and has asserted that he received the documents by post, while the actual documents are nothing but a bulletin criticizing the new law on agricultural land allowing landowners to evict tenants after a certain period of grace. As of now, no formal charges against Dr. al-Ahwaney have been made. It is our view that Dr. al-Ahwaney has been accused with something that constitutes normal practice of the right to access information and hold opinions in accordance with Article 19 of the ICCPR and Article 49 of the Egyptian constitution, which states that "The State shall guarantee for citizens the freedom of scientific research and literary, artistic, and cultural creativity." As such his arrest constitutes a serious breach of his academic freedom. We respectfully urge that you review Dr. al-Ahwaneys case and move either to release him or to clarify and make formal the charges on which he continues to be detained. We also request that you ensure that his detention is not based on his exercise of rights and freedoms that accord with the principle of academic freedom and those that are guaranteed under international human rights law. cc: His Excellency Farouq Sayf al-Nasr, Minister of Justice |
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| March 18, 1997 His Highness Shaikh 'Isa ibn Salman al-Khalifa Your Highness: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association is writing to express its deep concern and dismay at the continued violations on the part of the Bahraini Government of the rights of the academic communities of the country. The occasion for this letter is the summary dismissal of Prof. Zahra Isa Al-Zeera, assistant professor of Education in the Education Department of Bahrain University, for expressing views that allegedly threaten the security of the state. This case is unfortunately only one example of a whole series of violations and excesses committed against the academic community of Bahrain and against its civilian population, a policy which seems to have been pursued with vigor since 1995. The Middle East Studies Association comprises 2600 academics worldwide who teach and con-duct research on the Middle East and North Africa. The Association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. The situation of deteriorating human rights and academic freedoms in Bahrain is deplorable, especially in view of the outstanding legacy of achievements and academic excellence which the country has always enjoyed in the past. As the pioneer of education (for both males and females) in the Gulf region, with a significant stratum of professionals and academics influencing its cultural and literary life, it is a matter of very great regret that there have been so many reports of limitations on academic freedom. Of particular concern in this context are issues which relate to what seems to be a general policy of repressing academic freedoms, blocking and reducing opportunities for education, and the use of coercive, often excessive, measures against teachers and students. Our main immediate concern is the military atmosphere that has pervaded the university for the last eighteen months. The administration, faculty and students seem to have become pawns in a process under which the community has been polarized into various sectarian and power alliances, directly and indirectly affecting the educational tmosphere. Through various shakeups and tremors the University personnel has been weeded out, and all those holding dissenting opinions have been demoted, intimidated, or dismissed. While some high ranking officers have found it intolerable to be forced to implement these policies and have resigned, others have been suspended (such as Sheikh Abdul-Latif Al-Mahmoud, 1992-95 and Munira Fakhro, 1995-present), or dismissed as in the recent case of Dr. Al-Zeera. In this later case, Dr. Al-Zeera was summoned on January 20, 1997 by the President of the University when she was accused of expressing her views on the situation in Bahrain, views considered to be a threat to state security, and she was ordered to resign. When Dr. Al-Zeera resisted the order she was given the choice of forcible dismissal or referral to the Intelligence Department, i.e. arrest and detention. Such cases have created an environment of terror in academic circles, promoting self censorship and acquiescence, and subsequently an unhealthy academic setting. It is significant to note that these acts contravene two articles of the Bahraini Constitution, Article 7(d) which proclaims the inviolability of educational institutions and Article 23 which provides for the "freedom of speech and scientific research". Furthermore, they also violate Article 19 of the Universal Declaration of Human Rights which endorses the right to freedom of opinion and expression. Another major academic abuse has been the policy of selective admission to the University. As stated in the US State Department Report on Bahrain for 1996, ....the Government (of Bahrain) introduced a new university admissions policy that appears to favor Sunnis and others who pose no question of loyalty and security, rather than focusing only on professional experience and academic qualifications. This has been confirmed by victims of the policy, which seems to have been carried out by an administration cleansed to implement entirely non-academic criteria. At least sixteen university students have been dismissed in the middle of this academic year in conjunction with this policy. All of these male students are in advanced degree programs of engineering and sciences, and they are all Shiis. This policy violates Article 18 of the Bahraini Constitution which calls for prohibition of discrimination based on religion or belief as well as the basic human right of equal treatment for all citizens. The case of a female University student, Sakina Salman, 24 years , mother of a child and in her last year of a science degree major, deserves special note. This student has been dismissed from the University and arrested early this January. So far she has been denied visits from her family and given no legal assistance, although there have been no formal charges against her and no explanation for her arrest. She remains in custody and her case brings forth great concern to her rights and condition, a situation that should be rectified immediately. The general intellectual and academic atmosphere outside the University is not much better. Between October and December 1996 a wave of dismissals affected at least 24 high school teachers and 60 students. Under the pretext of state security and rooting out agitators, young people are deprived of their education. This will only aggravate the situation, quite apart from the effect of exacerbating frustration and contravening basic human rights. Such collective punishment is illegal, and violates Bahrainis legitimate and internationally recognized rights to access to His Highness Shaikh 'Isa ibn Salman al-Khalifa education. It also contradicts due process when punishment is meted out without legal causes and proofs. A similar disregard for the basic rights of citizens to free thought and expression is embodied in the case of the poet and author Ali Hassan Yousif. On February 16, 1997 he was arrested following his dismissal from his post in the Ministry of Information. His book Isharat, which had previously been approved by the above ministry, was belatedly considered a threat to state security. He was accused of alluding in his book to the absence of freedom of thought and expression in Bahrain. As a result, the book was withdrawn, his home ransacked, his family terrorized and he has been interned. We respectfully request that these abuses of the freedom of academic and intellectual rights of Bahrainis be addressed and rectified immediately. Dr. Al-Zeera's unjustified and illegal dismissal should be overturned and the military atmosphere lifted from the university and its community of administrators, faculty and students. It is a basic human right to propagate and seek education free from coercion and fear of reprisals. Furthermore, we request that the cases of Sakina Salman and Ali Hassan Yousif be subject to due process and that they have access to their families and lawyers. We also request that all students dismissed from the University and the high schools should be reinstated and their right to education guaranteed. cc: His Excellency Shaikh Muhammad ibn Khalifa al-Khalifa, Prime
Minister |
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| 31 July 1997 President Yasser Arafat Dear President Arafat, The Committee for Academic Freedom in the Middle East and North Africa (CAFMENA) is writing to express grave concern over the arrest and detention of a Palestinian professor at Al-Azhar University in Gaza, Dr. Fathi Ahmed Subh. Both the arrest itself and Dr. Subhs treatment at the hands of the Preventive Security Service (PSS) warrant criticism for violating academic freedom and due process protections. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. According to reliable sources, Dr. Subh was arrested on July 2, 1997 and is still in detention. He was initially held incommunicado, and was not brought before a judge in the requisite 48 hours. We understand that he may still be held incommunicado. In addition, he was denied access to a lawyer, and visits from family members. Such practices violate rights set out in Palestinian law and international law. They also promote an atmosphere of fear and intimidation for others. Dr. Subh, a prominent academic recognized for pioneering work in preschool and adult education, is a professor of education at al-Azhar. He was a Fulbright scholar to the United States in the 1994-95 academic year, during which he was affiliated with the University of Maryland. He also directs the Touffah Educational Development Center, a non-governmental organization that provides programs in leadership and vocational training for women, preschool teacher training, and literacy campaigns. Dr. Subh reportedly angered the authorities at both al-Azhar and the PA by asking several questions on a final exam about administrative practices in both institutions. If this is the basis for his arrest, it is a clear breach of academic freedom. Sources also suggest that the activities of the Touffah Center were under scrutiny by the authorities, like other independent NGOs deemed threatening to the powers of the PA. Until now, the PA has not provided any other explanations for the arrest or made public any information that would justify the incarceration on the grounds that he has violated any law. Given that Dr. Subhs arrest is not the first instance in which the PA has violated academic freedom or freedom of expression by arresting people who articulate critical political views, we are deeply concerned that the appropriate protections are being ignored for a political expediency that stifles criticism and constrains open exchange of ideas. We encourage you to use your power and influence over the security services to prevent any actions that infringe on academic freedom. As for the case of Dr. Subh, we await a public explanation for the arrest and, if he has violated no laws, his immediate release. Thank you for your consideration of this matter. We look forward to your reply. cc: Mr. Freih Abu Meddein, Minister of Justice, PA |
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| 31 July 1997 President Zine el-Abidine Ben Ali Your Excellency: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association is writing to protest the treatment of Dr. Moncef Ben Salem, a founder of the Department of Mathematics at the University of Sfax and a former visiting professor at the University of Maryland and the University of Michigan. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. For nearly a decade, Dr. Ben Salem has paid a high personal and professional price for his political convictions. In November 1987, Dr. Ben Salem was arrested and held in detention for nearly a year and a half, accused by the Tunisian government of being active in the outlawed organization Mouvement de la Tendance Islamique. No formal charges were brought against him. Although he was released in May 1989, he was not allowed to resume his duties as professor. In April 1990, Dr. Ben Salem was arrested again, this time for giving an interview to an Algerian newspaper in which he criticized the Tunisian government for human rights abuses and for what he viewed as the government's hostility to Islam. Charged with disseminating false information, Dr. Ben Salem was sentenced to three years in prison. Since his release in 1993, Dr. Ben Salem has lived under virtual house arrest. He has been the target of a coordinated government campaign of harassment and isolation. Police are stationed permanently outside his door and follow him, his wife and his children wherever they go. Acquaintances, he says, are discouraged from visiting because of identification checks carried out by the police posted outside his residence. Dr. Salem reports that his mail service is irregular and unreliable, and that he has been denied a passport. Dr. Ben Salem continues to be prevented from resuming his duties at the university, and, indeed, has been forbidden even from entering the campus to retrieve his books and papers from his office. As members of the academic community concerned with the Middle East and North Africa, we deplore the continuing restrictions on Dr. Ben Salem's liberty. The restrictions on Dr. Ben Salem violate a number of fundamental international human rights standards, including the right to travel abroad, guaranteed by article 13 of the Universal Declaration of Human Rights (UDHR), and article 12 of the International Covenant on Civil and Political Rights (ICCPR), and the right to freedom of opinion and expression, guaranteed by article 19 of the UDHR and article 19 of the ICCPR. Accordingly, we respectfully request a statement of the specific reasons for Dr. Ben Sale's virtual house arrest and an explanation of the basis under Tunisian law for the government's actions. We urge you to use your good offices to ensure that all harassment of Dr. Ben Salem cease and that his professional and personal liberties, including his right to travel freely, be restored immediately and unconditionally. cc: M. Sadok Chaabane, Ministre de la Justice |
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| 1 August 1997 Honorable President Ali Akbar Hashemi Rafsanjani Your Excellency The Committee on Academic Freedom in the Middle East and North Africa of the Middle East Studies Association is writing to express its concern at the continued violations on the part of your government of the rights of our colleague Dr. Abdul-Karim Soroush. A distinguished Professor of Philosophy, Dr. Soroush has contributed greatly to the field of Islamic thought and philosophy. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for principles of academic freedom and human rights throughout the region. This is the second time in two years that we are writing to you pleading the case of Dr. Soroush, and bringing to your attention the predicaments he has faced in Iran in his academic and intellectual life. In 1995 he was physically assaulted by club-wielding groups, with semi-official status, who disrupted his lectures in Tehran and Isfahan; the ensuing threat and intimidation not only greatly reduced his academic freedom but also endangered his life. After a brief journey abroad and upon his return in April 1997, he was denied his teaching position at the University of Tehran and was ousted from a research institute. We are gravely alarmed by this dismissal without any regard to the due process of law that is required in academia. And now, in a new disturbing development, his freedoms of movement and expression have been severely compromised by the direct action of your government. The international press has reported that authorities have confiscated his passport, thus preventing him from attending major academic conferences, including the one sponsored by the British Society for Middle Eastern Studies, where he was scheduled to deliver the keynote address at Oxford. We have found it quite ironic that the freedom of expression of this original Islamic thinker, who has offered the world a new perspective on Islamic pluralism and tolerance, is restricted by the government of the Islamic Republic of Iran. His freedom to engage in academic research and philosophical inquiry is too valuable to be subjected to political vagaries of a government. As scholars, we would also like to assert our right, as well as our desire, to hear him expound on his ideas in international conferences. Iran is a signatory to the International Covenant on Civil and Political Rights, and the infringement of rights of one of our colleagues stands in violation of a number of its provisions. We urge you to direct your personal attention to the plight of Dr. Soroush. We respectfully request that you take immediate steps to reinstate him in his rightful position as a professor of philosophy, lift the ban on his freedom to travel, and prevent any further mistreatment and harassment by the officials from the Ministry of Information. We respectfully ask your response to this letter so that the membership of our organization can be informed of appropriate measures taken on behalf of Dr. Soroush. cc: Ayatollah Seyyed Ali Khamene`i |
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| 17 December 1996 Prime Minister Binyamin Netanyahu Dear Prime Minister Netanyahu: The Committee on Academic Freedom in the Middle East and North Africa wishes to express its grave concern over the treatment in interrogation of a Birzeit student, Abd al-Aziz Hamdan. His case has made international news because of the way it refocuses attention on Israeli interrogation methods, including the governmentally sanctioned use of moderate physical pressure. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. According to our information, Mr. Hamdans lawyers succeeded in gaining a temporary injunction against the use of force during his questioning, but on November 14 the High Court of Justice granted an application by the General Security Services to cancel the injunction. Consequently, Mr. Hamdan is once again subject to the standard forms of moderate physical pressure: violent shaking during questioning, being hooded and shackled for extended periods to a child-sized chair with the front legs shorter than the back, sleep deprivation, and being subjected to continuous loud music. We agree with the opinion expressed by Human Rights Watch, Amnesty International and others that such tactics amount to torture. We regard any use of torture (either physical or psycho-logical) during interrogation as a violation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Israel has ratified. The use of torture also violates Article 277 of the Israeli Penal Code, which prohibits public servants from using, directing, or threatening the use of force or violence for the purpose of extracting a confession or information relating to an offense. The treatment of Birzeit student Abd al-Aziz Hamdan is, according to reports, not atypical. Since the 1987 publication of the Landau Commission Report and the subsequent decision by the government to use the report and its secret appendix as the framework for interrogation policies, the governmental sanctioning of psychological and physical pressure has invited a plethora of critical responses. Given that Hamdans case touches on some of the issues that figured centrally in earlier critiques, we would like to state our position on this matter unequivocally: we regard the standard GSS methods to constitute torture. In addition, we would like to point out respectfully that we do not accept the state's reasoning that necessity justifies such methods. The states necessity argument is apparently premised on the ticking bomb scenario (i.e., when someone in GSS custody actually knows the whereabouts of a bomb that is about to go off). In addition to the fact that torture is prohibited by international law under all circumstances, it is worth mentioning that the actual occurrence of a ticking bomb scenario has never been reported; on the contrary, reports indicate that the vast majority of people who are interrogated are subjected to some form(s) of moderate physical pressure, while your governments own records indicate that over 50 percent of interrogees are released without charge or trial. We respectfully urge you to take a firm position to prohibit the use of torture and ill-treatment during interrogation. We hope that this request bears immediate benefit for Mr. Hamdan.
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| 17 December 1996 Mr. Oren Shahor Dear Mr. Shahor: The Committee on Academic Freedom in the Middle East and North Africa write to respond to your letter of October 9 that you sent in regard to our letter of September 12, 1996 concerning the denial of permits for Gaza students to study in the West Bank. We respectfully point out that the letter authored by Capt. Caroline B. Glick fails to address adequately concerns we raised regarding the violation of students legal rights to freedom of education and movement. Capt. Glicks response in fact restated the basis of our concern: that the Israeli government is violating the principle of due process protections by denying permits in a blanket manner and failing to justify such denials. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. We are concerned by the implications of Ms. Glicks statement: Among the reasons for the denial of approval is the fact that many of the students were involved in terrorist activities against Israel. If this is the case, we ask why no legal procedures were initiated in the case of these students. Capt. Glick further states: [W]e cannot and will not compromise the security of Israelis. If actual involvement in terrorism is the reason behind the denial of permits, then permits are no longer the significant issue; rather, bringing to justice of wrongdoers through an open legal process becomes the issue. However, since the people who have applied for and been denied permits have not, to our knowledge, been arrested and charged, we are forced to conclude that the blanket denial of permits to all Gaza students is a punitive measure rather than a necessary step to ensure the security of Israelis. We fully acknowledge the difficult security issues facing Israel, but we respectfully suggest that international legal standards, including those regarding freedom of movement and education, were designed with difficult security situations in mind. It is under these circumstances that the standards are actually relevant, because when there is no challenging security situation, infringement of people's rights is less likely to occur. The cornerstone of the freedom of movement and education is the rights of the individual; individuals have certain guaranteed rights which the governing authorities should provide, and in this particular case the rights involve travel between Gaza and the West Bank for the purpose of education. The reverse side of these rights is individual responsibility; if people are responsible for violations of the laws of the governing authority, the rule of law requires that they be brought to justice as individuals, not punitively (or extra-judicially) punished as members of a collectivity. We respectfully request that your office ensure that the treatment of students from Gaza conform to the larger standards that the Israeli government claims to abide by and uphold, namely the commitment to the rule of law principles. cc: Capt. Caroline B. Glick |
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| 5 November 1996 Oren Shahor Coordinator of Activities in the West Bank and Gaza Tel Aviv, Israel Dear Mr. Shahor: The Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) of the Middle East Studies Association is writing to express its concern about the continuing violations by the Israeli authorities against Palestinian students in the occupied territories. The problems include the blanket denial of permits for Gaza students to study in the West Bank, the continuing closure of Hebron University, the use of excessive force by members of the Israel Defense Forces during the clashes in September which led to numerous injuries among students, and the use of administrative detention as a means of circumventing the requirements of judicial scrutiny by imprisoning people without due process of the law. The Middle East Studies Association comprises 2600 academics worldwide who teach and conduct research on the Middle East and North Africa. The Association publishes the respected International Journal of Middle East Studies and is committed to ensuring respect for the principles of academic freedom and human rights throughout the region. The first issue is the matter of Gaza students who are not being allowed to study in the West Bank, even though both areas constitute a single entity according to the Israeli-Palestinian agreements. Israel has issued a blanket restriction barring some 1,200 Gaza students from entering the West Bank to continue their studies. This policy is a violation of Israel's legal obligations as the effective governing power over this area. Such restrictions are illegal on a number of grounds: they constitute a form of collective punishment; they violate peoples legitimate and internationally recognized right to freedom of education and freedom of movement; and they obviate due process protections which are basic to the rule of law. Furthermore, in utilizing a blanket rather than selective approach to restricting permits, the Israeli government is failing to produce any evidence that the students affected actually pose a real security threat that could justify such serious curbs on Palestinians rights and freedoms and such major disruptions to Palestinians educations. In the absence of such evidence, students should enjoy the promised safe passage between the Gaza Strip and the West Bank. Gaza students comprise about seven percent of the student body of West Bank universities. Denying them the right to complete their educations, besides posing the obvious burdens and problems on the Gazan students themselves, also has deleterious effects on the universities, adversely affecting teaching and undermining the financial well being of the institutions. The second issue is the continued closure of Hebron University. Again, this is an unjustified action and clearly constitutes collective punishment. Last spring, students and faculty engaging in a non-violent protest against the closure were met with harsh and brutal responses by members of the IDF, resulting in injuries to several students. With the continuation of the closure, the university is suffering debilitating financial losses estimated at approximately $329,550. To cripple a Palestinian institution of higher learning, as is effectively happening to Hebron University, means yet another grievous setback for Palestinians seeking an education and for the beleaguered Palestinian academic community. The third issue is the use of excessive force during the clashes in September. It has been reported that five students were seriously wounded and 75-100 were injured in clashes with Israeli forces. The circumstances surrounding these injuries occurred when a group from Birzeit University was making its way to Al-Aqsa mosque to protest the opening of the new tunnel in Jerusalem. The people were stopped at a roadblock deep in the heart of the West Bank, at which point the clashes ensued. To block Palestinians from entering East Jerusalem, which the Israeli government regularly does, runs counter to its own claims that Jerusalem is open to persons of all faiths and to all Palestinians. In addition, to use excessive force against unarmed civilians engaged in public demonstrations is unacceptable. The fourth issue is the continuing use of administrative detention, an ongoing violation of due process of law. In the past 12 months, 21 Birzeit students have been subjected to administrative detention from three to 18 months. As of September 1, 12 students were in administrative detention in Megiddo. We object to the use of administrative detention in all cases, but particularly in the cases of students, when it becomes a means to imprison people for their political beliefs and activities. If the authorities feel that they have substantive evidence against an individual which would warrant imprisonment, charges should be brought before a judge. Otherwise, the imprisonment that results from these administrative detentions amounts to circumvention of basic principles of the rule of law and entails a pattern of arbitrary and unjustified incarcerations of students who never have the chance to contest the legality of their detention. We respectfully request that these problems be addressed and rectified immediately. Specifically, we request that the blanket restrictions barring Gaza students from studying in the West Bank be lifted immediately and a process for obtaining permits be instituted which is transparent, timely and not unnecessarily cumbersome. Second, we request that the closure of Hebron University be lifted immediately as a step toward rectifying past policies denying Palestinian students their right to an education. Third, we request that the use of excessive force be ruled out in encounters between Israeli security and police forces and students and all other unarmed civilians. Fourth, we request that all students currently in administrative detention be released, and that all extra-legal detentions be discontinued, to be replaced by procedures consonant with the rule of law. cc: Benjamin Netanyahu, Office of the Prime Minister |
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Recent CAFMENA Responses & Updates Following are the contents of letters and updates to cases the Committee on Academic Freedom in the Middle East and North Africa (CAFMENA) has received in response to letters sent (see above). Letters in response are also printed in the MESA Newsletter. |
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Yektan Turkyilmaz, a Turkish scholar who was arrested in Armenia two months ago, walked free from a court in Yerevan on Tuesday after being given a two- year suspended prison sentence for attempting to illegally take old Armenian books out of the country. The following open letter was received in response to the CAFMENA letter sent May 13, 2005, to Dr. Angela Roger, President of UK's Association of University Teachers (AUT) regarding the AUT resolution to boycott Haifa and Bar-Ilan Universities.
In Protest of CAFMEN's Letter
May 20, 2005 We the undersigned, members of MESA and friends, are profoundly dismayed by MESA’s Committee for Academic Freedom on the Middle East and North Africa’s letter to the Association of University Teachers (AUT, UK) urging “the Association to withdraw or rescind [its] resolution to boycott these universities [Haifa and Bar Ilan] and blacklist their faculty at the very earliest opportunity.” The letter, dated May 13, 2005 and signed by MESA President, Ali Banuazizi, not only exceeds the terms of CAFMENA’s written protocol (mandate), but it also misrepresents the academic boycott campaign and commits factual errors, especially regarding the issue of “faculty blacklisting.” (See below under “Factual Errors, Second”) Protocol. Through CAFMENA, “MESA monitors infringements on academic freedom in the Middle East and North Africa. Such infringements include governmental refusal to allow scholars to conduct scholarly research, publish their findings, deliver academic lectures, and travel to international scholarly meetings.” (http://fp.arizona.edu/mesassoc/cafmena.htm) First. CAFMENA’s protocol aptly defines the situation of Palestinian scholars and students under Israeli occupation. There is nothing in the AUT boycott resolution that calls upon the Government of Israel to infringe on the academic freedom of Israeli scholars in the two named universities regarding any of the above named activities, and the AUT neither wants nor has the power of a state to do so. Israeli Government infringements on Palestinian rights to education, their freedom of movement and residence and a host of other rights guaranteed under international law are violations of Palestinian human rights. Second. CAFMENA was formed to deal with violations of academic freedom, considered a human right. The AUT resolution does not call for voiding the academic freedom of Israeli academics. The CAFMENA letter to AUT constitutes a violation of its protocol, i.e., it is a policy shift outside of CAFMENA’s mandate. More serious is the fact that the MESA Board of Directors and the President have seemingly allowed this violation. Such changes in policy should have the membership’s authorization. Factual Errors. The AUT resolution was based on the statement and guidelines of the Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI). (http://right2edu.birzeit.edu/news/article178) The letter misrepresents the content of the statement and guidelines. First. The CAFMENA letter acknowledges that Israel restricts “in a systematic manner academic freedom and the right to education in the Occupied Palestinian Territories “ as well as noting that the “establishment of Israeli civilian settlements in the Occupied Palestinian Territories constitutes a clear violation of international humanitarian law.” The letter failed to recognize important principles in the PACBI statement and their legitimacy. Boycott is clearly among the clearest and least violent tactics in resisting occupation and injustice at an international level. From our perspective, all forms of international intervention have until now failed to force Israel to comply with international law or to end its repression of the Palestinians, which has manifested itself in the brutal suppression of academic freedom, siege, indiscriminate killing … wanton destruction and the racist colonial wall. And in view of the fact that people of conscience in the international community of scholars and intellectuals have historically shouldered the moral responsibility to fight injustice, as exemplified in their struggle to abolish apartheid in South Africa through diverse forms of boycott [including academic boycott], we call upon you, our colleagues in the international community, to comprehensively and consistently boycott all Israeli academic and cultural institutions in the spirit of international solidarity, moral consistence and resistance to oppression. MESA members are directed to UNGA Resolution 2787 (XXVI) of 6 December 1971 “Confirming the Legitimacy of Struggle for Self-Determination by Peoples Under Colonial and Foreign Domination, Including the People of Palestine.” Members are also directed to revisit the internationally supported South African anti-apartheid boycott and sanctions regime on which the Palestinian campaign is modeled Second. The letter also includes a false statement that the AUT boycott resolution includes “blacklisting” the faculty at the two universities. (See opening paragraph above) This is utter misrepresentation. The PACBI campaign statement and call for support on which the AUT resolution is based does not call for blacklisting in any fashion. The Palestinian campaign organizers point to their track record. As stated by one of them: Our whole fight with many in the UK and Israel boiled down to whether PACBI advocates “blacklisting” or doesn’t. We simply don’t. We never did. Our record for more than one year attests to that. Blindly lifting this term from wild Zionist propaganda is shameful, to say the least. (May 19, 2005) Third. The CAFMENA letter, states that “initiatives by scholars and academics urging the administration of Bar Ilan University to end its institutional complicity with such violations [identified earlier in the letter and noted above under “Protocol, First”] are appropriate.” However, the letter goes on to say “ but these should not be initiatives that themselves constitute breaches with important principles of the right to receive and impart information and ideas, or that represent forms of collective punishment against individual academics who find themselves in that university.” (emphasis added). The PACBI campaign statement and call for support – after noting actions recommended to international colleagues, actions focused on boycotting joint relations with Israeli institutions and academics whose work contributes to serving the occupation regime by providing research supporting ethnic cleansing, extra-judicial killings, etc., acquiescing in faculty serving in the army reserve forces, committing or witnessing crimes in silence, among other things – calls for supporters to: Exclude from the above actions against Israeli institutions any conscientious Israeli academics and intellectuals opposed to their state’s colonial and racist policies. The AUT resolution does not prevent Israeli academics from receiving and imparting information and ideas. The issue is not academic freedom. The AUT resolution does not constitute as the CAFMENA letter claims, “punishment against individual academics who find themselves in that [Bar Ilan] university.” Rather, the resolution is an integral part of the growing international support for this form of Palestinian resistance, as the boycott/sanctions regime was before in South Africa. The Palestinian Campaign received the endorsement of the South African Council of Churches and more than 100 South African academics. Major South African organizations and unions endorsed an earlier Palestinian call for a comprehensive boycott of Israel. Today, there is a growing campaign to divest from companies whose products sold to Israel are used to bring harm to Palestinians. This is especially true among Christian dioceses and educational institutions. The effort to convince Caterpillar shareholders to vote against sales of its destructive bulldozers to Israel has failed to date, but it has raised the ethical and human rights issues to a high level of visibility, especially after one such bulldozer crushed Rachel Corrie. Conclusion. Tanya Reinhart (“Where Is Israeli Academy Protest Against Occupation?” in Yediot Aharonot, 4 May 2005, translated from Hebrew by Mark Marshall) makes the following statement, a statement which makes clear the “why” of the academic boycott: In the eyes of the world, the question is what can be done when the relevant institutions do not succeed in enforcing international law? The boycott model is drawn from the past: South Africa… In the eyes of the international community, the relevant question is whether the Israeli Academy is entitled, on the basis of its actions, to be exempt from this general boycott. Many in the Israeli Academy oppose the occupation as individuals, but in practice no Israeli university senate has ever passed a resolution condemning, for example, the closure of Palestinian universities. Even now, when the wall cuts off students and lecturers from their universities, the protest of the Academy is not heard. The British boycott is selective. Two universities were selected to signal to the Israeli Academy that it is being watched. But the Israeli Academy still has the option of removing itself from the cycle of passive support of the occupation. We, the undersigned MESA members and friends, opposed to the CAFMENA letter to the AUT President, register our strongest opposition on the basis of principle and procedure. We do not believe that the aforementioned committee has any right to formulate foreign policy stances on behalf of MESA members who entrusted CAFMENA with a specific mandate regarding the defense of academic freedoms. We are not swayed by the token reference in the letter to past MESA support for victims of Israeli oppression. We call on MESA members to express in unqualified terms a call to rescind CAFMENA’s letter and acknowledge that this is a matter for MESA members to decide. It is not acceptable for CAFMENA to issue foreign policy statements in its letter to AUT on behalf of the members.
Nahla Abdo, Carleton
University This letter was received in response to the letter sent August 30 to Secretary of State Colin Powell regarding the revoking of Dr. Tarq Ramadan's visa. September 3, 2004 Ms. Amy W. Newhall, and Ms. Barbara DeConcini, Dear Ms. Newhall and Ms. DeConcini: We appreciate your taking the time to express your concerns over the revocation of Dr. Ramadan's visa. We understand that a scholar of Dr. Ramadan's stature and prominence would be of great interest to your organization and that you question the decision to revoke his visa after it was already approved. Mr. Ramadan’s visa was revoked prudentially based on information that became available after the visa was issued. If he chooses to apply for a new visa, that information will be reviewed in the context of his new application and a determination made about his eligibility for a visa. We cannot predict in advance the outcome of a visa application. Due to the confidentiality of visa records, as provided for in the Immigration and Nationality Act, we are not able to provide any details concerning this matter. Rest assured that the State Department has always and, will continue to, support academic freedom by encouraging students and scholars from all over the world to come to the United States. The revocation of Mr. Ramadan's visa is not an attempt to prevent him from sharing his ideas with students and scholars in the United States. We both appreciate and understand that the free exchange of ideas is one of the hallmarks that make this country great. Please fee free to contact me if I can be of assistance in the future. Sincerely, June O’Connell, Chief The following letter was received in response to the CAFMENA letter sent July 22, 2002, to Prime Minister Ariel Sharon of Israel regarding the closure of Al-Quds University. Ms. Amy W. Newhall, Executive Director Every agreement signed with the Palestinians since the Oslo Accords of 1993 has included a Palestinian commitment to situate Palestinian Authority offices exclusively in areas under PA jurisdiction, and to refrain from exercising Palestinian authority outside said territory. Accordingly, on July 7, 2002, after compelling evidence had indicated that Al-Quds University was operating as an arm of the Palestinian Council, and that the University’s activities in the State of Israel were in violation of these signed agreements, Minister of Public Security Dr. Uzi Landau ordered the closure of the offices of the President and administration of the University. Information obtained by our security services substantiated that the University was being funded by the Palestinian Authority – which was paying the salaries of its employees – and that donations to the University were being transferred through the PA. Moreover, the PA had been actively involved in the financial, professional and administrative operations of the University, as well as the appointment of its senior officials. After Prof. Nusseibeh declared, in writing, that his institution would operate without any connection to the Palestinian Authority, and that he personally would not perform his PA “Jerusalem portfolio” function on its grounds, the reopening of the above offices was facilitated. Sincerely, |
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The following letter was received from Ambassador Nabila Fahmy of Egypt in response to CAFMENAs letter to His Excellency Hosni Mubarak, President, Republic of Egypt on July 11, 2000. August 15, 2000 Mr. Mark J. Lowder Dear Mr. Lowder: In reference to your latter dated July 11th, 2000, I would like to inform you that the Chief Public Prosecutor decided on Thursday, August 10, 2000 to release Dr. Saadeddin Ibrahim on bail of 10,000 Egyptian Pounds (Approximately $2650) as the investigation continues. However, no official charges have been made against him. Respectfully, |
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The following letter was received from the American University in Cairo in response to the to the CAFMENA letter of 21 May 1999. Dear Dr. Betteridge: Thank you for your letter concerning
threats to academic freedom at the American University in Cairo.
We appreciate the concern of CAFMENA and the extensive effort that has gone into the
preparation of this letter. We also recognize that it is not easy to compile an accurate
account of events occurring thousands of miles away based on memoranda, emails, newspaper
reports, press statements, and the like, some of which themselves may contain errors or
misrepresentations. Unfortunately, the resulting letter contains a number of errors,
misinterpretations, and opinions that significantly detract from its value. In addition,
the letter makes little reference to the many steps the University has taken in this
crisis, some of which are listed below. Professor Rabies letter to Al-Wafd has been taken out of context. His letter
was an entirely sincere attempt to stop the growing press campaign accusing AUC of
corrupting the morals and values of Egyptian students. That he mentioned similar incidents
at other Egyptian universities does not mean that he, intentionally or otherwise, condones
such actions. The intention of his letter was to suggest that since these incidents
happened in the national universities, where no one can accuse the faculty of being
against national interests, the same interpretation should be applied to the American
University. The use of the term transgressive according to Professor Rabie was
in reference to the deviation of the reading list from the course description,
which emphasized Egyptian authors. CAFMENAs objection to course materials being
appropriate to the subject matter and the society in which we work is surely
an exaggeration. All mention of Dr. Rabie should have been removed from your letter.
Although the Committee was in touch with Professor Mehrez, it did not bother to get in
touch with Dr. Rabie while drafting its letter. I strongly suggest that this reference to
a person by name constitutes a form of anonymous attack without the right of reply. I question whether this is the proper role for a
professional association or a committee on academic freedom. Unfortunately, the fact that
CAFMENA wrote this letter without contacting him supports the impression that it is being
used in this manner. There is no doubt that the Department of
Arabic Studies is divided about what to teach, but the Department has struggled with this
issue faithfully and has come up with a unanimously agreed procedure for selecting books
for multi-section courses, a copy of which was provided to you. Your interpretation of
those rules differs from our own, and you have drawn conclusions about them that we have
not drawn. CAFMENA appears to have its own rules for departmental procedures that we were
not aware of. Intervention in the internal
affairs of a university department is a dangerous precedent, especially when the
department itself has agreed on those procedures. My own comments about censorship have also been distorted. We are anything but complacent about censorship in Egypt. Since the Rodinson book incident, the government Censor has withheld for examination some 700 books being imported by the AUC bookstore or the AUC Library (as well as requesting a few that were already in the library). More than 70 of these have been banned from import or sale. Five are texts that we actually use in our courses, the rest being general reading material mostly ordered by individuals through the bookstore. In fact, we have taken the question of censorship very seriously and have sent several delegations to the Censor. We have succeeded in getting the procedures for handling books under examination altered so that we will retain possession of the books in question. He has invited us to appeal bannings and we have had two bannings reversed. We have instructed our lawyers to explore the considerable variations in language as to whether books are banned for import, for sale, for use, or for possession, so that we are not over interpreting what banning means. None of this activity is mentioned in your letter. We do not take a casual attitude to censorship and, on the contrary, are addressing this issue aggressively. The CAFMENA letter virtually ignores the
steps that have been taken by the University arising from this incident: -
The University has reaffirmed the right of faculty to select books for use in all
courses without outside interference; -
A complaints procedure has been instituted for parents and students that hopefully
in future will prevent them from taking classroom complaints to the press; -
A number of meetings have been held with the Government Censor as described above
in which he has agreed to change the procedure for the handling of imported books and to
entertain appeals from the University on specific books; -
The AUC library has taken measures to keep non-circulating books where they can be
consulted without danger of vandalism or theft; -
The University has successfully avoided government intervention in the selection of
texts and the Minister of Higher Education has refused to intervene in the situation, in
spite of calls in Parliament that he should do so; -
The Department of Arabic Studies has unanimously agreed on procedures for selecting
books for multi-section courses. A discussion of further curricular matters is still
underway. AUC will continue to stand for academic freedom in the face of an environment that includes official censorship and a sometimes hostile press. The faculty alone will continue to determine the texts to be used in the classroom. AUC will continue to protect its faculty from the threat of reprisals and will do all in its power to avoid intervention by the government in its internal affairs. We trust that we will have MESAs continuing support in all these measures. Sincerely, John D. Gerhart, President |
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24 July 1998 Dear Ms. Betteridge, I refer to your letter of June 15th, 1998 addressed to H.H. Shaikh Essa Salman Al-Khalifa, Amir of the State of Bahrain, a copy of which you kindly provided to me. Unfortunately, the information you have received concerning the situation in Bahrain is inaccurate and incomplete, and I welcome this opportunity to set out the true position. The allegations received by you must be viewed against the background of the situation in Bahrain during the last three years, namely a well planned, pre-meditated and foreign-backed Hezbollah terrorist destabilization campaign. Considerable evidence has revealed the organization and funding of the terrorists, as well as exposing their political and propaganda wings in Bahrain and abroad. The content of your letter is the recognizable product of propaganda from individuals and groups outside Bahrain acting as fronts for terrorists groups. These groups have well-known and established links terrorists in Bahrain, and have no genuine interest in human rights. They use their residence overseas to pursue extremist terrorist aims entirely outside the law and the existing political and social framework in Bahrain. I, therefore, urge you to treat such allegations with extreme caution. Racism and racial discrimination are not issues in Bahrain, and the Government is fully committed to seeing this continue. Bahrain is a peaceful, progressive, tolerant and diverse society. Foreign expatriate, of numerous nationalities and ethnic groups, work in many fields alongside Bahrainis, and Bahrain provides a unique social environment where individuals are free to practice their religions and rituals without fear of discrimination, persecution or interference. This is a fact recognized by the United States State Department Freedom of Religion Report 1997. Bahrain allocates a large part of its resources to welfare provision for its citizens, and the Government has focused heavily on economic and social development, so as to create a modern society able to provide a good standard of living and opportunities for all its peoples to fulfill their potential without discrimination. According to the United Nations Development Program Report for 1997, Real Gross Domestic Product per capita in Bahrain is more than the average for many industrialized countries and, according to the same report, Bahrain ranked 43rd of all countries and, for the third consecutive year, first in the Arab world for its achievements in human development. All citizens, regardless of their race, religion or ethnic group, enjoy equal access to Bahrains health, welfare and education provisions. Allegations of discrimination against any religious sect, or against any other ethic group are scurrilous propaganda, and entirely without foundation. Race or religion is simply not an issue either in the University of Bahrain or elsewhere in Bahraini life. Official statistics are not kept of a persons religious or ethnic group; indeed, there are no facilities for collecting such information. Such wild and hysterical allegations concerning the University of Bahrain have been disposed of by the Government in other contexts. Enclosed is an earlier statement of December 1997 from the University of Bahrain, which I am sure deals more than adequately with the points raised in your letter, and confirms that racial discrimination is not an issue within the University. Similarly, the Government of Bahrain has also provided background information to the matter of the temporary appointment of an Executive Committee for the Bahrain Lawyers Society. Please also find enclosed an information sheet on this matter, but you should be aware that the issue is also the subject of a challenge, currently being heard in the Bahrain Courts. Pending the outcome of this challenge, it would be premature of me to make further comment, save to say that the case is being dealt with in the normal way, strictly in accordance with the substantive and procedural requirements of Bahrain law. Bahrains independent judicial system is open to all and will consider any grievance brought before it. Article 18 of Bahrains Constitution provides that "People are equal in human dignity, and citizens shall be equal in public rights and duties before the law, without discrimination as to race, origin, language, religion or belief" and the Courts will respect and uphold these principles. The Courts will also recognize Bahrains accession to the International Convention on the Elimination of All Forms of Racial Discrimination of 27th March, 1990. Whilst I am, of course, willing to cooperate fully with your respected organization in promoting human rights and identifying the real issues concerned, I would urge you to weigh thoroughly the genuineness and probity of all allegations received by you concerning Bahrain similar to the ones under response. I trust that the enclosed information is of assistance to you in determining the true situation, both in the University of Bahrain and in Bahrain in general. The Government of Bahrain will not tolerate racial discrimination in any form, and will take all necessary measures to prevent its occurrence. Yours sincerely, Muhammad Abdul Ghaffar |
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| The following letter was received from the
Director of Foreign Relations and International Organizations Department, Ministry of
Justice, State of Israel. The letter is in response to one sent January 21, 1998, by
CAFMENA.
Your letter of the 21st January to the Prime Minister concerning the case of Fuad Abed Kuran, has been referred to this office. We have enquired into the matter and can inform you as follows. Mr. Juran is a member of the Islamic terrorist organisation Hamas, which since the signing of the Oslo Accords between the Palestinians and Israel, has been responsible for the murder of tens of Israeli civilians and the injuring of hundreds more. According to information received by the Israeli Security Services, Mr. Kuran was in possession of information regarding further terrorist attacks. In order to prevent these attacks, he was subject of intensive interrogation. Under the Order Concerning Security Provisions, the officer in charge of the investigation may, in a written decision, order that a suspect be prevented from meeting with his lawyer for periods of fifteen days at a time, where he is convinced that such a step is necessary for reasons of security or for the purposes of the investigation. It should be noted that this measure is subject to judicial supervision and in the case of Mr. Kuran, on the 26th December 1997 the Supreme Court was satisfied on the basis of the evidence submitted, that the criteria set out in the Order was fulfilled. Regarding the Supreme Court hearing on the 7th January, in which Mr. Kuran was represented by his own attorney, the nine Judge panel on hearing from the attorney for the State that the interrogation methods complained of had been suspended, decided that no order was necessary. The interrogation was in any event concluded at the end of January 1998 and on the 5th February Mr. Kuran was served with an indictment containing several counts, including membership of Hamas and the possession of and dealing in, illegal firearms. Mr. Kuran is represented by an attorney of his choice. Yours sincerely, Tamar Gaulan. cc. Embassy of Israel, Washington, D.C. |
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13 January 1997 Dear Mrs. Betteridge, I acknowledge receipt of your letter of 17 December, 1996. As you are aware, the movement of Palestinian students between the Gaza strip and the West Bank has been restricted on security grounds, pursuant to terms of an Orfer issued by the military commander of the region following the wave of terror attacks which took place in Israel in February and March last year. Accordingly, persons wishing to leave the Gaza strip and remain in the West Bank are required to hold a valid permit, the issue of which is subject to prevailing security considerations. Pending agreement on the operation of the safe passage routes between the Gaza strip and the West Bank, these arrangements are likely to remain in force. Nonetheless, the issue of the movement of students is reviewed periodically and I shall of course notify you of any change in our current policy. Sincerely, Oren Shachor |