scholarly journals Human Rights in the Constitutions of the Gulf Cooperation Council Countries (GCCC): Texts and Realities

2020 ◽  
Vol 11 (02) ◽  
pp. 519-543
Author(s):  
Samid A. Darawsheh
2020 ◽  
Vol 34 (1) ◽  
pp. 86-95
Author(s):  
Mustafa El-Mumin

Abstract Despite being promulgated in 2014 by the Gulf Cooperation Council (GCC), the Gulf Declaration of Human Rights (GDHR) has received little academic attention. Khalifa Alfadhel is one scholar who has sought to engage with the declaration, citing it as a significant regional document worthy of commendation due to its reconciliation of both Islamic and international notions of human rights, a feat other comparable regional human rights documents have yet to achieve. Furthermore, Alfadhel praises the GDHR as it embodies the GCC’s commitment to human rights and political reform, with the GDHR supplying the foundation for a regional customary law regime. This article questions such claims, arguing that Alfadhel has overlooked unambiguous flaws that contradict the GDHR’s alleged regional promotion of human rights, ultimately undermining its supposed significance. Certainly, this article highlights how the GDHR is a rhetorical document that intrinsically negates the same rights it purports to protect.


Author(s):  
Roberts Ivor

This chapter explores other pertinent international and regional organizations not explored in Chapter 20. These are: the Commonwealth, the North Atlantic Treaty Organization (NATO), the Council of Europe, the Organization of American States (OAS), the African Union (AU), the Association of South-East Asian Nations (ASEAN), the Francophonie, the Arab League, the Organization of Islamic Cooperation (OIC), the Gulf Cooperation Council (GCC), and the Organization for Security and Co-operation in Europe (OSCE). These organizations are formed with myriad goals in mind: for economic and trade purposes, for exercising human rights, for ensuring security, among others. The organizations explored in this chapter also encompass a diverse set of regions and geographies. Each organization is discussed here in terms of its structures, influence, historical backgrounds, membership, and functions.


2017 ◽  
Vol 31 (1) ◽  
pp. 89-98 ◽  
Author(s):  
Khalifa A. Alfadhel

For the first time the Gulf Cooperation Council (gcc) adopted a regional human rights declaration that codifies the relevant States’ commitment to human rights. The Declaration illustrated the content and scope of such a collective regional pledge to protect and respect fundamental rights and freedoms. Although a soft-law instrument, the Gulf Declaration provides the foundations for a doctrinal commitment to human rights, based on a normative framework adopted in a mutual manner. This article will provide an overview on the content and scope of such document, and the theoretical arguments of universalism versus cultural relativism in light of comparative instruments. This article will argue that the Gulf Human Rights Declaration reflects a cultural aspect of human rights that needs to be commended in the consideration of such soft-law instrument, which will form a foundation for a regional customary law regime, based on State practice affirmed in the commitment to the Declaration.


2015 ◽  
Vol 29 (4) ◽  
pp. 307-342
Author(s):  
Hanan N. Malaeb

During the last few decades, the Gulf Cooperation Council (gcc) States have shown exceptional developments in various fields. These accomplishments have been dependent on gcc citizens and residents, some of whom are facing unfair treatment from their sponsors based on accusations by the international community. This article will provide an overview of such accusations by the international community against the Kafala or sponsorship system, the sponsors’ defences, and new trends in the gcc States toward eliminating this system. It will also propose some legal initiatives and appropriate policies to be implemented for the benefit of the sponsored persons and the gcc States’ international reputation.


2020 ◽  
Vol 34 (3) ◽  
pp. 241-266
Author(s):  
Mustafa el-Mumin

Abstract The Gulf Declaration of Human Rights (GDHR) is a regional human rights document that has largely evaded wide academic discourse. The substantive debate is primarily between Khalifa Alfadhel and the author: Alfadhel praises the GDHR for its attempt at reconciling Islamic values with international human rights law, whilst the author argues the GDHR is an intrinsically flawed and vapid document that does not cement human rights in the Gulf Cooperation Council (GCC). This article seeks to strengthen the author’s argument, focusing on the GDHR’s protection against slavery through a case study of the GCC’s kafala system. Comparative analysis between the GDHR, domestic GCC legislation, Sharīʿah and international human rights standards will plainly show how the GDHR fails in its intended objectives. Ultimately, the article will provide opportunity for further discourse surrounding the GDHR and what steps could be necessary to elevate the document to one of substance.


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