Arbitration & mediation in the Arab world: a growing phenomenon

Alternative dispute resolution (ADR) mechanisms in the Arab world have been growing hand in hand with the resurgence of various countries as members of the fast growing club of successful emerging markets. The flexibility of arbitration, mediation and other ADR methods, as well as their speed, efficiency and confidentiality, have made them more attractive to investors and parties in contracts of an international nature. Consequently, a significant number of Arab countries have been busy updating and enhancing their laws and regulations on arbitration and mediation in particular. There is momentum behind ADR in the region. Read More »

“The Middle East Conflict”: Mind your language!

It is inaccurate, distorting, even misleading, to call the conflict between the Palestinians and Israelis the “Middle East conflict” or the “Arab Israeli conflict.” At a minimum, the Middle East includes Palestine, Israel, Egypt, Syria, Lebanon, Jordan, Iraq, Saudi Arabia, Kuwait, Bahrain, Qatar, and UAE. Other definitions may go further to include Libya, Iran, Pakistan and Afghanistan, but even if we stick to the smaller set of countries, the usage of this term can be problematic.

Jordan and Egypt signed a peace treaty with Israel in 1994, they maintain diplomatic relations, and even before the peace treaties, relations between the governments of Jordan and Israel were friendly. As far as Iraq is concerned, it is true that historically, Saddam’s Iraq had been in conflict with Israel. Iraq also supported the Palestinian resistance movements financially and politically. But since that time, and especially after 2003, Iraq has been too occupied with its own problems to have an actual conflict with Israel.

Saudi Arabia, Qatar, Bahrain and UAE don’t enjoy formal diplomatic relations with Israel, but neither have they engaged in actual conflict. The practical life of the average citizen in any of those countries is not in the slightest impacted by Israel (or vice versa). The only other countries in the Middle East that have a palpable problem with Israel today are Lebanon and Syria. On any average day, the life of a Lebanese or a Syrian is nowhere impacted by Israel, though. Existentially, it is the Palestinian’s day-to-day life, particularly in the West Bank and Gaza, that is made unnecessarily so much more difficult, if not unbearable, by the Jewish State. Read More »

What’s missing in the GCC states? Well…

Lengthy reports by international institutions are often long to digest. But when the process starts, it nourishes lively discussions. It is what is happening in the case of a much-acclaimed World Bank report, titled the “Road Less Traveled”, released back in February 2008. This report aims to support policymakers in the Middle East and North Africa (“MENA”) region develop more effective education strategies that is based on global and regional experience in the sector.

The key messages of the report are as follows. Education is at the crossroads for the future of MENA. It plays crucial role in promoting poverty alleviation and economic growth, both at national and household levels. Various stakeholders in the region regard education as their most important development challenge, and education reform is on top of the reform agenda of many regional governments.

Having succeeded in expanding the education systems to include most eligible children, boys and girls, the MENA region is now ready to travel a new road. While the exact configuration of this new road will not be the same for each country, all countries, irrespective of their initial conditions, will require a shift from “engineering inputs” to “engineering for results”, along with a combination of incentives and public accountability measures, as well as measures to improve labor market outcomes.

Finally, labor market reforms will need to be implemented hand in hand with those for the education system proper. In the case of MENA, the relevant labor market extends much farther than the confines of any country or even the region because of important migration trends and opportunities.

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A Palestinian State? Interpreting Netanyahu’s Speech

Professor Nigel Ashton, who recently spoke to Jonathan Mok about the life and legacy of King Hussein, returns to answer questions about Benjamin Netanyahu’s recent speech and what it means for the future of the Israeli-Palestinian conflict.

Jonathan Mok: How should the Netanyahu speech be interpreted?

Nigel Ashton: Beyond uttering the words ‘Palestinian state’ Netanyahu has not yet conceded the creation of an entity which would have genuine sovereignty. His concept of ‘demilitarisation’ is so wide ranging that any Palestinian state created under it could not be deemed to have full control over its territory and would therefore not be sovereign. Nevertheless, he has at least conceded that peace negotiations cannot proceed on the basis of his opening position which amounted to little more than a form of economic autonomy. So there has at least been some movement in his position even if so far this is limited.

JM: It appears that the Arab world has been silent in response to Bibi’s speech. How do you perceive the apparent lack of interest?

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Jordan: Cost Reduction Versus Tax Reduction

The plate du Jour in most Jordanian newspapers today is a discussion and a debate on taxes. The proponents of tax reduction argue that it would induce additional investments, thus expanding the economy and increasing the size of the pie from which tax revenues can be extracted. Those in the opposite camp, who advocate keeping the tax code as is, are concerned with the expanding deficit and argue that companies which generate the highest tax revenues will not be induced to invest further because of a reduction in taxation, and that any resulting savings will go to the bottom line. The debate is still raging.

The area where few dare to tread is the concept of cost/waste reduction as a means of enhancing revenues or making each Dinar count. Divining cost saving methods requires relevant experience* and hard work. It does not lend itself to slogans and is not particularly glamorous. One remembers the decision of the Water Authority to fix leaking pipes throughout the city of Amman. It was estimated that fixing the pipes is tantamount to increasing the water supply by 30%!

What is required today is a handyman with cross jurisdictional ministerial authority to do the fixing wherever it is required.

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The Monarchical Democracy of Lebanon

For those Arabs who believe in liberal democracy, the Lebanese election is a source of both inspiration and despair. For where else in the Arab world is there an election that will actually produce the government of the land? Where else would you have the type of real suspense that will grip Lebanon on the night of June 7th as the constitution of the new Lebanese government will be determined? Many Arabs can only be buoyed by democracy at work in this way.

Alright, some of you out there will point out that a similar election exists in Iraq. But we must say that there aren’t many in the Arab world who are ready to sing the praises of a fragile democracy that literally came on the backs of hundreds of thousands of lost innocent lives, not to mention that the war in question was brought about by a certain W, whom the world is desperate to consign to the dark corners of the brain’s memory.

On the other hand, there are the details of the Lebanese elections. And in so many of those details Arabs cannot help but find signs of concern.

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The West Bank: People and Pictures

Imagine, living in the aftermath of a war that not only occurred before your lifetime, but before the lifetime of your parents. Imagine, growing up in the wake of destruction from a wave that occurred decades before you were born. Imagine, knowing the aftermath without ever having known the antecedent.

Mixing henna for a bride Beit Sahour, West Bank. It's traditional for the women of a village to gather for an evening of dancing, singing, and henna mixing to wish the bride well the night before her wedding.

Mixing henna for a bride Beit Sahour, West Bank. It's traditional for the women of a village to gather for an evening of dancing, singing, and henna mixing to wish the bride well the night before her wedding.

The majority of Palestinians living in the occupied territories are young people who have spent their lives in the shadow of a war from their great-grandparents’ generation. For Palestinians, it is not simply a matter of one, singular event that drives their situation. Palestinians mark time on an altogether unique clock; major political events designate their experience in a general sense, but for each person there are smaller and more personal events that mark each family’s own timetable.

To better understand the complexity of the term “aftermath” when applied to Palestinians, here is a general rundown on the Palestinian population: First there is the post-1948 population, those who originated in the region that is now the state of Israel. Many fled as refugees to southern Lebanon, Syria, Jordan, and what is now called the West Bank. Then there is the post-1967 population (which contains a large portion of the post-1948 population) that originated in the West Bank but became a mass of internal refugees during the Six Days War of 1967, as well as a population dispersed in refugee camps in Jordan and many other countries. Although separated by two decades, these two events mark the mainelements of the Palestinian Diaspora.

In the summer of 2007, I spent five weeks extensively traveling throughout the West Bank in order to photograph the daily life of Palestinians living under Israeli occupation. Read More »

Will the West Boycott Netanyahu?

Of course not – not in the heady days of double-standards and fear mongering

File this one under Diplomatic Pipedream: “As a result of the recent Israeli elections, the West will boycott the rejectionist, quasi-racist new government of Binyamin Netanyahu and cripple the economy with punitive sanctions – just as it did with Hamas in 2006.”

Some hope this is. The appointment of Israel’s new Prime Minister hardly raised an eyebrow in Washington, despite his stated distaste for the idea of a Palestinian state on Israel’s side of the River Jordan, his torpedoing of the Oslo Accords in the 1990s and his belief that the savage bombing campaigns in Lebanon in 2006 and in Gaza this year represented the worst of lily-livered liberalism. Even support from Avigdor Lieberman, a settler-dwelling immigrant from Moldova who would rather there be no Palestinians in Israel, and no state to house them in either, has yet to provoke a diplomatic question mark.

Compare that with Hamas’s victory in Palestine three years before, which was regarded as nothing short of genocide in the making. The free and fair elections – at the height of the neo-con drive for liberal democracies in Iraq and Afghanistan, remember – were instantly delegitimised, the new government ostracised and more than four million people subject to a repressive economic blockade that came on top of an already crippling occupation. Read More »

Israel and Gaza Aftermath: Interview with Dr. Bruce Maddy-Weitzman

Dr. Bruce Maddy-Weitzman is an Associate Scholar at the Foreign Policy Research Institute. He is also the Senior Research Fellow at the Moshe Dayan Center for Middle Eastern and African Studies at Tel Aviv University and editor of its Tel Aviv Notes. He is an author and editor who has specialized in the Arab-Israeli conflict.

Dan Shvartsman: What are the big themes you take out of the Gaza conflict, and the initial days of the aftermath?

Dr. Bruce Maddy-Weitzman: This latest round is over. Just the way the (2nd) Lebanon War ended in summer of 2006, and since then the ceasefire has held almost perfectly, so too in this case I think that it’s fairly likely that we won’t see another round like we just saw any time soon.

What did each side achieve from this? Israel went into this determined not only to end the rocket fire, but to also change the “rules of the game”. That “Hamas shoots rockets, we shoot back,” and this tit-for-tat doesn’t change Hamas’s behavior. Beyond that, I think there was also a general desire for Israel to strengthen its deterrent posture. There was a feeling here that Israel’s deterrent posture over the last years has weakened.

I think a central goal of this operation was to send a clear message to the rest of the region and the world that it wasn’t going to allow an Iranian client-state to develop on its borders.

Hamas turned out to be far weaker than anticipated. In that regard, Israel has significantly improved its deterrent posture. It’s not just that they hit them hard, but also the incorporation of the diplomatic elements. At least on paper, the support for a change in the strategic parameters governing the Gaza area, the support for Israel’s desires is considerable. The French are patrolling off the shores of Gaza, the Americans signed a memorandum of understanding, they’re training Egyptian troops dealing with smuggling, they’re talking about interdicting Iranian ships in the Gulf of Aden.

The Egyptian participation in this sort of Western framework is a gain for Israel as well. It remains to be seen whether this framework will have real teeth and do what it’s supposed to do. So from that regard, one can say that Israel’s achievements in this operation were considerable.

They came at costs, obviously. Israel’s image has been damaged to a considerable extent among public opinion. There’s no question that more hate towards Israel will have been generated by this operation, which doesn’t bode well if you talk about the need for a long-term reconciliation.

You can even suggest the possibility that radical forces might become even stronger, particularly among Palestinians; there’s a possibility of splintering off from Hamas to represent even more Islamist, jihadi, Bin Laden-type radical views, which would make Hamas look like a positively moderate force in comparison.

Dan: How does Hamas come out of this? Read More »

Plumb and Plumberer

Why Joe the Plumber and the increased democratisation of the media can only signal a further decline in journalistic objectivity.

We in the media have, to use the obvious pun, plumbed new depths. While distillation of the news to fit the location or political inclination of the audience is hardly a new phenomenon, accelerated in the past 15 years by the rise of conservative talk radio and the infamous idiocy of Fox News, the recruitment of Joe the Plumber to report from Southern Israel during that country’s bombardment of Gaza offers a further refinement of the trend – world events presented through the filter of everyman ignorance. Bias in the media is no longer a matter of partisan affiliation but academic faculty.

Joe Wurzelbacher was, of course, the blue-collar middle American – regular, representative and conspicuously unintellectual – who confronted Barack Obama’s tax plans on his lawn during a campaign stop. With the tide of popular opinion swinging inexorably towards Obama, Wurzelbacher’s down-home, go-get-’em street corner democracy became a beacon of hope for the reactionary right; his name, if not always his bar-room-brawling face, was rarely out of the debates and stump speeches as the election date neared. Alongside the twitching imbecility of Sarah Palin, the wholesomeness of uninformed American insularity was the Republican Party’s sole remaining strategy.

It failed, and failed abysmally. But neither Palin nor Wurzelbacher appear to be any less in demand as a result. And after more run-outs on Fox – apparently Joe’s qualified to run the rule over the intricacies of the financial bailout and Obama’s CIA chief pick – the man was suddenly being flown by an outfit called Pajamas TV to Israel to cover the conflict from the town of Sderot.

Pajamas TV is a right-wing blog whose mission statement includes “exposing both bias and deception by the typically liberal Main Stream Media”. And as Roger Simon, one of their contributors, argued that as the American press – yes, the American press – was obviously an extension of Hamas, only Joe the (previously passportless) Plumber could redress this grievous imbalance for the fact hungry nation.

Leaving aside the issue that a news organisation can instruct a reporter as to the conclusions he must come to before he even arrives at his assignment, the use of someone who is neither well-versed nor remotely impartial to cover such a conflict underlines two new trends in news consumption: Read More »