segunda-feira, 14 de maio de 2018

The 12th Al Jazeera Forum: Session 1 - The Gulf Crisis












The Gulf, the Arabs, and the World 
Amid Current Developments


On April 28-29, 2018, Al Jazeera held its 12th Forum providing an opportunity for leading scholars and other experts to discuss a variety of topics affecting the Arab world.  The website for the forum, @aljazeeraform, provides additional information and links to the videos of each session.  You can follow the Twitter coverage at #AJForum.

As I noted in my first post in this series, I am working from my notes, so I apologize in advance if I incorrectly paraphrase the remarks of any speaker. I was also reliant on the quality of the translation services and their audibility. Therefore, I am happy to make any needed edits to this summary.

For summaries of the other sessions see:
Session 1: A year since the start of the Gulf crisis: outcomes and potential courses.

Session focus:
Nearly a year has passed since the start of the Gulf crisis on 5 June 2017 with a land, sea and air blockade on Qatar initiated by a media campaign executed by the besieging countries. Despite Kuwait’s concentrated diplomatic efforts and the support of regional and international positions, the crisis still faces a standstill, continues to drain inter-Gulf relations and lowers the capital of the Arab Gulf both regionally and globally. The crisis between the Arab Gulf countries has affected the whole regional situation and has resulted in the formation of alignments and alliances of differing objectives and opposite agendas. It has created new power relations that will be difficult to surpass in the near future. The objective of this session is to review the outcomes of the Gulf Crisis and forecast developments in light of efforts to resolve it and the challenges hindering these efforts.
Speakers:

  • Majad Al Ansari, Professor of Political Sociology at Qatar University and Researcher at the Social and Economic Survey Research Institute (SESRI)
  • Abdulla Al Ghalani, Professor of Social Sciences at Oman Medical College
  • Faisal Abu Sulaib, Associate Professor of Political Science at Kuwait University
  • Cinzia Bianco, Senior Analyst at Gulf State Analytics
  • Mohamed Si Bachi, Professor of Political Science at the L'Ecole Nationale Superieure de Sciences Poltiques 
Key Points:

Prof. Al Ansari:  The blockade has shifted from a surprising event to a nearly year-long stalemate.  It has shown that the Gulf Cooperation Council (GCC) cannot resolve a dispute, whether regional or international in affect.  With the GCC facing its "biggest crisis ever," people are predicting its disintegration.  The speaker predicts its survival, recognizing that it has served as the "hope of the people of the region." 

The Gulf is increasingly affected by the greater participation of France, Russia, and Africa.  

The region should be able to survive the Gulf crisis.  It is more stable compared to the MENA region and Africa.  It has handled significant crises since the 1970s, including the Iraqi war, the Kuwait invasion, the Yemeni war, and regional regime changes.

The blockade is not an isolated crisis, but ties back to historical tensions created by state borders created in the 1970s.  It reflects a conflict over political and economic resources.

The speaker noted that when Saudi Arabia is stronger, other GCC countries become weaker.  He referred to 1996, 1999, and 2003 as periods illustrating this dynamic.  In contrast, when Saudi Arabia is weaker, GCC countries gain strength.  

He acknowledged the success of the Kuwaiti mediator in avoiding a military invasion of Qatar.

The blockade created an opportunity Iran did not anticipate, for Iran to play a bigger role in the region.  The blockade focuses enmity within the GCC, rather than against Iran.

It could end if:
  • The GCC countries agree to its end, or
  • An economic recession forces resolution.  
    • It may affect the ability to attract foreign capital to the region. 
Prof. Faisal Abu Sulaib:  Sadly, no popular pressure can be exerted on the decision-makers involved in the siege.  Ending the siege is a personal decision of the King of Saudi Arabia. 

Two international variables are in play.  First, the Trump administration aligned with Saudi Arabia early in the siege.  Second, Saudi Arabia and UAE have used an effective lobbying effort designed to influence US policy in the region.

The blockading countries have not achieved their 13 demands with the siege.  They were never real demands.  Instead, the main objective of the blockading states was to change Qatari foreign policy by fostering a palace coup.

But, Qatar did not change its foreign policy to align with Saudi Arabia and UAE, especially as to Yemen.  However, Qatar has not had the ability to focus on foreign policy when its leaders have had to cope with the country's national security.

The blockading countries did not foster a palace coup.  Instead, Qatar showed more leadership stability, financial stability, and a more cohesive populace.  Saudi Arabia quickly abandoned this effort in the face of these facts.

The blockading countries have also failed at isolating Qatar, either regionally or internationally. It has moved the country closer to Iran.

The blockade has created new balances of power and alliances.  The four blockading countries are aligned against Turkey-Iran-Qatar.  At the same time, the US, France, and Britain aligned in agreeing to the strike in Syria following the use of chemical weapons by the Asad regime.

The "deep rift" created by the siege will not be closed easily or quickly.  The GCC is showing vulnerability with the new committee formed by Saudi Arabia and UAE.

Saudi Arabia and UAE played an increasing role in the GCC after the Arab Spring at the expense of smaller Gulf states.

If Qatar successfully resolves the blockade, it will offer a model for other small countries in the region and world-wide, like Luxembourg, Singapore, and South Korea.

Potential outcomes include:
  • Escalation, either with military invasion or a media war.  
    • The threatened water canal between Saudi Arabia and Qatar could aid Qatar's defense.
  • Stagnation and stalemate with GCC becoming a symbolic entity with little influence, like the Arab Maghreb Union.
  • Resolution of the dispute.  The Trump administration seeks a resolution because of its interests in Syria. 
Prof. Abdulla Al Ghailani:  The thirteen demands were never convincing.  The crisis has deeper roots including the coup attempt in 1996 [against Father Emir Hamad] and the hegemonic ambitions of Saudi Arabia.

The blockading countries sought to undermine Qatar's sovereignty by targeting its soft power.

After 2011, Saudi Arabia's ambitions created a broader regional crisis. It seeks to maintain an authoritarian rule, which was threatened by the demands of the protesters during the Arab Spring. 

If Saudi Arabia experiences success in the Yemen war, the Qatar crisis could go unresolved.  However, if Saudi Arabia experiences setbacks there, then the Qatari blockade could end.

What are the results after nearly a year after the onset of the blockade?
  • US is extorting investments and expenditures from Gulf countries because the region is weaker and more exposed to international influence.
  • It has cast a shadow over the political reforms in the GCC.  
    • Kuwait and Oman are making progress, but retreated from their efforts after the onset of the crisis.  
    • The blockading countries have justified more authoritarian actions because "we are in crisis."  
    • They are preventing dissenting points of views. 
  • Created a psyche of fear and panic in Oman and Kuwait.  People there feared the use of a military option in the Gulf.  These small countries could be the next targets of Saudi Arabia's hegemonic ambitions.
  • Created a schism in the populace of the region.
  • Exposed the Gulf regimes as barbaric and ready to use a blockade, coup, or military intervention to achieve their goals.
  • Exposed the inability of the GCC to handle conflicts.  It was not designed for that purpose. 
    • Qatar and other GCC countries have had to go to international forums for resolution of prior issues.
Future paths:
  • Military intervention to subjugate Qatar.  Not likely give US desires and the neutrality of Kuwait and Oman.
  • Fragile political agreements with the possibility of a later explosion of the crisis.
  • Most likely:  Gradual attrition or stalemate.  This situation could affect Qatar long term and force it to respond partially to some demands.
  • Not likely to see a change by Saudi Arabia, UAE, or Bahrain.
  • Could be impacted by outcome of 2020 US elections.
  • Kuwait and Oman stated neutrality, but can exert pressure on Saudi Arabia and UAE.
  • Saudi Arabia and UAE could expand their hegemony to Kuwait and Oman. 
Also in the mix is how the Yemen, Libya, and Syrian conflicts affect the Gulf crisis?

Cinzia Bianco:  The European Union views this crisis as negative and "not helpful."

The EU:

  • Considers nuclear deal with Iran important and worries that Trump is putting it under remarkable stress, with encouragement from Saudi Arabia.
  • Is concerned about the fragmentation of the region, especially in Africa, Yemen, and Syria.
  • Views US as less trustworthy.
  • Is confused about the US commitment to the geopolitical balance in the region.
  • Is impacted more than the US by events in the Arab world.

The EU was created to enhance economic and social cooperation and ties to help prevent violent conflicts among European states.
  • The Gulf Cooperating Council (GCC) focused on enhanced economic cooperation, but did not prevent the Qatari crisis. 
    • Viewed by the EU as a blow to its own strategy.
The UK:

  • is dependent on the Gulf for 30 percent of its gas supply [check this].
  • Qatar, in turn, is a big investor in UK real estate and infrastructure.
  • Accordingly, the UK is in a difficult position.  It can not take the lead in resolution of the dispute.  It can not be seen as taking sides. 
  • In addition, the UK is focused on BREXIT.
France:
  • Maintains a strong relationship with all GCC countries.
  • President Macron has tried to "rebalance" the relationship.
  • But, he has no real capacity to force an end to the siege.
The EU may be forced to play a more active role if Saudi Arabia and the UAE try to impose their will on Kuwait and Oman.

Prof. Mohamed Si Bachir:  Third speaker to highlight how the blockade extended beyond diplomatic relations and government actors to the people of the Gulf, especially Qataris.

Several speakers, including this speaker, mentioned the "Iranian project" and the "Turkish project,"  which seem to refer to more aggressive foreign policies that extend the geopolitical influence of these countries.

This speaker expressed concerns that Gulf states had failed to build robust states and to create a social contract bringing dignity to the peoples of the region.  Instead, they created strategic partnerships with stronger countries from outside the region. These partnerships, however, are not necessarily helpful to the Arab world. 

Saudi Arabia and the UAE have pressured Oman and Kuwait for a harmonious regional policy.  Oman and Kuwait responded by declaring their neutrality in the dispute.  Both countries are closer to the policy of Qatar given their own national security reasons.  

quarta-feira, 2 de maio de 2018

The 12th Al Jazeera Forum: Opening Session









The Gulf, the Arabs, and the World Amid Current Developments



On April 28-29, 2018, Al Jazeera held its 12th Forum providing an opportunity for leading scholars and other experts to discuss a variety of topics affecting the Arab world.  The website for the forum, @aljazeeraform, provides additional information and links to the videos of each session.  You can follow the Twitter coverage at #AJForum.

I strongly recommend this event.  I attended all the sessions over two days.  (You will likely see me in some of the video shots.) 

Over several posts, I plan to summarize the presentations made at the conference.  I will be working from my notes, so I apologize in advance if I incorrectly paraphrase the remarks of any speaker.   I was also reliant on the quality of the translation services and their audibility.  Accordingly, I am happy to make any needed edits.

For summaries of the other sessions see:
Opening Session by Sheikh Hamad bin Thamer Al Thani, 
Chairman of the Board of Al Jazeera Media Network:  

The Gulf crisis reflects competition between countries and the intervention of foreign powers into Arab affairs.

The blockade has affected relations between Arab nations:

  • It has damaged the Gulf Cooperation Council (GCC).
  • It has undermined trust in the GCC.
  • Simmering disputes are no longer confined to political leaders, but now affect people of the Gulf.
  • It has created a crisis of confidence among the people of the Gulf.
  • It undermines coordination among countries during a time of great transition in the region.
  • It has created a "deep rift" between GCC countries.
It is ironic that Korean leaders are meeting to resolve long standing tensions, but Gulf leaders are not meeting to resolve the tensions between them.

terça-feira, 24 de abril de 2018

United Nations Conference in Doha


Exploring and Countering the Linkages between Organized Crime and Terrorism

The United Nations' Office on Drugs and Crime (UNODC) is organizing, with Qatar University College of Law, a conference in Doha over the next two days.  The conference is entitled: Exploring and Countering the Linkages between Organized Crime and Terrorism. 

Panels will explore the following topics:

  • Background on the fight against organized crime and terrorism from the UN perspective and presentation of the E4J teaching modules for tertiary education.
  • Literature review and educational issue paper.
  • Nexus between transnational organized crime and terrorism initiative.
  • Preventing terrorist activities in charitable organizations.
  • Identifying linkages.
  • Regional frameworks.
  • Regional linkages - Africa.
  • Regional linkages - Asia and Europe
  • Regional linkages - Middle East
  • Wrap-up with recommendations.

sábado, 21 de abril de 2018

Terrorism Financing



The Dean of the Qatar University College of Law Provides a Perspective







On April 16, 2018, Dr. Mohammed A Al-Khulaifi, Dean of the QU College of Law, wrote an op-ed piece for the Qatar Tribune, one of the English-language papers published in Qatar.   Entitled Terror Financing: A Crime that Requires Global Responses, Dr. Al-Khulaifi argued that regulating terror financing required a two-front approach: (1) supervising charitable contributions, and (2) preventing financial crimes or other illegal economic activities.

He posed two questions: (1) What are the international standards that are designed to prevent and combat financing terrorism?, and (2) How does the State of Qatar comply with these standards?

He then outlines the international framework for combating terrorism financing, including the Convention for the Prevention and Punishment of Terrorism (1937); the Convention on Offenses and Certain Other Acts Committed on Board Aircraft (1963); the International Convention for the Suppression of Acts of Nuclear Terrorism (2005); the International Convention for the Suppression of Financing Terrorism (1999).

This last convention requires states to criminalize terrorism-related offenses in their domestic laws.

UN Security Council Resolutions 2178 and 1373 also seek to regulate terrorism financing.

The Arab world has also embraced conventions to control terrorism financing, including the Arab Convention of the Suppression of Terrorism (1998) and the Convention of the Organization of the Islamic Conference in Combating International Terrorism (1999).

The UN's Global Counter Terrorism Strategy calls for five areas of focus: (1) dissuading disaffected groups from embracing terrorism; (2) denying groups or individuals the means to commit acts of terrorism; (3) making it difficult for states to support terrorist groups; (4) developing capabilities to defeat terrorism; and (5) defending human rights.

The editorial goes on to describe Qatar's compliance with international laws and standards.  For example, Qatar:

  • Is a member of the Financial Action Task Force (FATF).  I discuss the assessment of Qatar in the context of this task force here.
  • Ratified the International Convention for the Suppression of Financing Terrorism (1999).
  • Passed Law No. 3 of 2004 on Combating Terrorism, which the Emir updated by decree in 2017. 
  • Founded the Authority for Charitable Activities to regulate the activities of charitable institutions.
  • Established an Economic Crimes Combating Section at the Criminal Investigation Department of the Ministry of the Interior.
  • Passed Law No. 4 of 2010 on Combating Money Laundering and Terrorist Financing.
  • Issued rules in 2010 to implement Law No. 4 of 2010 through the Qatar Financial Market Authority.
  • Organized the seventh conference of the International Association of Police Academies to discuss trends in combating terrorism.
  • Held the 23rd and 24th plenary meetings of the Middle East and North African Financial Action Task Force (MENAFATF).
  • Signed a MOU with the U.S. in July 2017 enhancing counter-terrorism and intelligence sharing.
The editorial ends by listing the nine recommendations of the FAFT:
  • Implementing UN conventions and resolutions.
  • Criminalizing terrorism and its financing.
  • Confiscating the assets of terrorists.
  • Reporting suspicious activities.
  • Enhancing international cooperation.
  • Monitoring money transfers.
  • Scrutinizing wire transfers.
  • Supervising non-profits that may serve as funnels for money intended for terrorism.
  • Detecting cross-border transportation of money and negotiable instruments.
The Dean concludes by saying: "[O]ne should emphasize the importance of incorporating these nine recommendations in any governmental efforts to combat the crime of financing terrorism." 



terça-feira, 17 de abril de 2018

Week 9: The CREAC Test





Heads Down 
and Do Your Own Work!


That's what I tell my College of Law Students as we shift to more independent writing in my Legal Research & Writing I course.  Through Week 8, we slowly build the scaffold for this independent work with case briefs, exercises, and sample writings.

Last year at this time, I was not so enthusiastic about the work ethic of my male students.  Almost half the class was not prepared to handle this challenging course in a second language.  Several students tried to close the gap with attempts at cheating.   

But this year, the students are far more mature (many have jobs and families) and most of them have pretty good English-language skills.  The students with very good language skills lead discussions and set the pace.  I am very proud of Hamad, Abdullaziz (both of you), Mohammed (several of you), Awad, Amer, Fahad, Hadi, Hussein, Saoud, Walid, Khalid, and Jaber (and his "Egyptain lawyer" tutor).

At the same time, each semester I get better at teaching the course, especially to our at-risk students.  This year, I provided all the CREAC Test materials in advance so they could practice over spring break.  It reduced anxiety levels, while still meeting my pedagogical goals.  I want them to feel more in control as they learn this new skill.  I also want a better first draft to grade.  I hope the momentum continues into the last six weeks of the semester.  

These young men are making this semester one of my most enjoyable at Qatar University College of Law. 

domingo, 15 de abril de 2018

Protecting the Special Counsel's Investigation



Statement of Lawyers for Good Government




Lawyers for Good Government: Congress and the American people must prevent interference with the Special Counsel investigation

As an organization of more than 125,000 attorneys across the country, we (Lawyers for Good Government) are deeply concerned by recent reports that President Trump is considering firing Deputy Attorney General Rod Rosenstein and/or Special Counsel Robert Mueller.
If President Trump fires Rosenstein or Mueller, or takes other actions to obstruct their investigation, Congress and the American people must take immediate action to protect the rule of law and preserve our democracy.
As lawyers, we have sworn to uphold the rule of law, a key ideal on which American democracy is based. Upholding this ideal means that no one - not even the most powerful individual in our government - is above the law.
Any attempt by President Trump to interfere with or terminate the Special Counsel’s investigation would be contrary to the rule of law. It must be strongly opposed by Congress and by the American people.

If we allow the rule of law to break down, we risk becoming an autocracy (a country governed by one person with absolute power) instead of a democracy.

America was never meant to be, nor can it be allowed to become, an autocracy.
This week, we learned that President Trump considered firing Robert Mueller in December of 2017, after bank records relating to a bank Trump had used for his businesses were reportedly subpoenaed. Also this week, following a referral by Mueller, the F.B.I. searched the offices and residence of Michael Cohen, President Trump’s private attorney (who is now himself under criminal investigation).
As reported, President Trump was incensed by these actions, mischaracterizing the lawful investigation as a “witch hunt.” He has decided, in response, not to speak with Mueller or his team to further the investigation.
The President’s emotional responses, however, have no bearing on the legitimacy of the investigation. His concerns about potential harm to himself and his associates are not a legitimate reason to terminate an investigation into a suspected attack on our nation’s electoral system.
While President Trump seems to believe he is above the law, he is not.

There is no legitimate reason to fire Mueller or Rosenstein, or to interfere with the investigation.

A few so-called “legal experts” have recently claimed that the President has the right to fire Mueller and/or interfere with the investigation for any reason.
They’re wrong. When it comes to obstruction of justice, motives matter.
Under DOJ regulations, only the Attorney General (or, since the Attorney General has recused himself, the Deputy Attorney General) can fire a special counsel. Even in that case, the special counsel may only be fired for good cause - and there is no evidence of any such “good cause.”
Deputy Attorney General Rosenstein has rightly indicated that he won’t fire Mueller without good cause, leading to speculation that Trump may fire Rosenstein just to replace him with someone who would fire Mueller.
President Trump cannot be allowed to fire Rosenstein (or Mueller) solely to protect the President’s personal interests. Allowing the President to abuse his authority in this way would be an immediate threat to our democracy.

The future of our democracy is at stake. Each of us must fight to protect it.

We urge every American to:
  • Demand that your members of Congress protect the Special Counsel’s office, including preserving its files and staff and ensuring it receives the full cooperation of federal government law enforcement.
  • Demand that Congress create a modern-day version of the Senate Select Watergate Committee to investigate all matters involved in the Russia scandals as well as the President’s alleged abuse of power and obstruction of justice.
  • Demand bipartisan hearings in the House Judiciary Committee on obstruction of justice and abuse of power.
  • Peacefully assemble to support our government and the investigation. Visit this page to find an event near you.

domingo, 25 de março de 2018

Building a Diverse Legal Profession in the Arab Gulf








Women and the Law Conference
March 22, 2018
Qatar University College of Law


When I graduated from law school in 1982, only 8 percent of all lawyers in the U.S. were women. Even today, less than 17 percent of all law partners are women, a number that has been sadly durable for at least a decade. I have practiced law for over 36 years, and yet the need continues to discuss gender bias in the profession and paths to success for women lawyers.


The March 22 conference obviously filled that need for women lawyers practicing in the Arab Gulf. Over 160 registered for the event. Over 110 women participated.   
 
The discussion coming out of the Women and Law Conference sponsored by Qatar University (QU) College of Law expressed concerns by both expats and Qatari women lawyers about the barriers women face to full participation in the opportunities offered by the legal profession. At the same time, the discussion showed a refreshing commitment, expressed by a number of Qatari law students, to self-reliance and self-confidence in dealing with explicit and implicit bias in the workplace.


 
Twenty-five women participated as moderators, presenters, or panelists. This women-only event kicked off with a welcoming address from Prof. Mariam Al-Maaeed, the Vice President for Research & Graduate Studies at QU. Next, Asma AlHamadi, a TV presenter at the Al Jazeera Media Network, spoke about women in leadership as the keynote address. Rawda AlThani offered an Arabic-language film, Women in the Law, featuring several female law students.  

The conference organizer, Prof. Melissa Deehring, gave a plenary session presentation, The Landscape of Women in Law in Qatar, focused on current statistics for women lawyers in Qatar. She discussed issues confronting women in the legal profession and strategies for encouraging more women in Qatar to enter the practice of law. Press stories here and here discuss some of her research data, although Prof. Deehring advises she will need to make some corrections to the stories. 


The programming then shifted to panel discussions on the following topics:
  • Moving from Action to Results, discussing training programs in law firms and law departments.
  • The Realities of Gender Bias – Fact or Fiction, discussing the most effective ways for dealing with gender bias.
  • What is Success and How to Attain It, exploring work-life balance and whether women lawyers “can have it all.”
  • More Women Leading in the Courtroom, discussing the under-representation of Qatari women as judges and prosecutors and in other courtroom roles.  
The panel discussions featured a student moderator along with at least two Qatari lawyers. Expat lawyers filled out the three or four-person panels. 

Several panelists reinforced the need for strong training of new lawyers in issue spotting, legal writing, moot court, and other legal skills. They also mentioned the need for young attorneys to understand local law in the context of international practice. Panelists repeatedly mentioned the need for new lawyers to work hard, to show creativity in handling client problems, to listen deeply for a client’s concerns, fears, and interests, and to anchor practice in service to others. Members of the “success” panel urged new female lawyers to shift away from norms of university life and instead focus on a professional image that abandoned “flamingos and feathers.” They also encouraged young women lawyers to show self-confidence by initiating conversations in law firm or department meetings.  

The conference also featured two interactive workshops:
  • Using Grit, and Growth Mindset, to Advance Women in the Law
  • Strategies for Negotiating Salary
The event included two networking opportunities over a coffee break and lunch, which the women attending clearly used to create and reinforce professional relationships.
 


Conference materials included very detailed biographies of the participants, which I greatly appreciated. They also included three articles:
  • Tari Ellis, et al., Promoting Gender Diversity in the Gulf, McKinsey& Company (Feb. 2015), available here.
  • Katty Kay & Claire Shipman, The Confidence Gap, The Atlantic (May 2014), available here. 
  • Lauren Stiller Rikleen, Power Play Strategies for Women, Harvard Bus. Rev. (July 2, 2012).
Prof. Deehring plans to publish a white paper summarizing the discussion, questions, and audience comments. When completed, it will appear on the website of the National Priorities Research Program for Grant #9-341-5-047 from the Qatar National Research Fund.
Prof. Deerhing acknowledged several other people for their contributions to the great success of this conference: Sara Ahmed AlMohanadi; Emily Tomczak; Nanyce Hassan Soliman; Allabiba Enad Al-Enazi; and Noora Ahmad ALRomaihi.
One of my male colleagues jokingly said that in the patriarchal Gulf society, we “could have our little conferences” and nothing would change much. Perhaps. But, I remember the environment I faced in 1982, and I know that women lawyers changed the legal profession in the U.S. They can also shape the profession in the Gulf in ways they need and want. 
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