NGO Law Monitor: League of Arab States

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Last updated 28 March 2012

Introduction

At the end of World War II (WWII), the Egyptian Prime Minister Mustafa El-Nahhas initiated steps that led to the creation of the Arab League. In 1944, El-Nahhas invited the Syrian Prime Minister and the President of the Lebanese National collation to Cairo to discuss the idea of “building an Arab league for closer bonds between Arab countries.” After a series of bilateral consultations between Egypt and Iraq, Syria, Lebanon, Saudi Arabia, Jordan, and Yemen the Alexandria Protocol was signed. It became the first document establishing the Arab League and provided the basic principles found in the Charter of the Arab League that was adopted in Cairo on March 19, 1945.

Key Facts

Headquarters	Cairo, Egypt
Members	22
Established	1945
Founding Document	Pact of the League of Arab States
Head	Secretary General Amr Moussa
Governing Bodies	Council of the League
Key Human Rights Agreements	Arab Charter on Human Rights
Key Judicial Bodies

Members

Egypt	United Arab Emirates	Kuwait
Jordan	Somalia	Bahrain
Saudi Arabia	Djibouti	Oman
Yemen	Iraq	Mauritania
Libya	Lebanon	Palestine
Tunisia	Syria	Comoros
Algeria	Sudan
Qatar	Morocco

At a Glance

Freedom of Association	Legal Protection	Art. 28, Arab Charter on Human Rights
Freedom of Association	Judicial Bodies
Civil Society Participation
Human Rights Defenders	Current Status	Arab Human Rights Index

Key Legal Texts

The League of Arab States has only one key legal text regarding Freedom of Association and Civil Society: Arab Charter on Human Rights. Ratified by Algeria, Bahrain, Jordan, Libya, Palestine, Qatar, Saudi Arabia, Syria, the United Arab Emirates, and Yemen.

Overview

The Pact of the League of Arab States stipulates its purposes of the League of Arab States.

“The purpose of the League is to draw closer the relations between member States and co-ordinate their political activities with the aim of realizing a close collaboration between them, to safeguard their independence and sovereignty, and to consider in a general way the affairs and interests of the Arab countries.

It also has among its purposes a close co-operation of the member States with due regard to the structure of each of these States and the conditions prevailing therein, in the following matters:

Economic and financial matters, including trade, customs, currency, agriculture and industry;
Communications, including railways, roads, aviation, navigation, and posts and telegraphs;
Cultural matters;
Matters connected with nationality, passports, visas, execution of judgments and extradition;
Social welfare matters;
Health matters.” (Pact of the League of Arab States,March 22, 1945, Article 2).

Although the call for Arab unity had been proposed for several centuries, the idea of having a single Arab organization bringing together all Arab countries did not evolve or unfold until WWII. After WWII, Arab countries experienced a growing resistance against colonial occupiers and national movements that led to a number of Arab countries gaining their independence. In addition, Jewish immigration to Palestine, political unrest in Turkey and Iran, encouraged greater Arab unity. The creation of the League occurred during the development phase of the international system that included the establishment of several regional systems.

The League of Arab States was not established as a result of a regional power imposing its will on others; rather it was the result of careful negotiation that balanced the concerns of many different parties. The Charter of the Arab League and its principles are the result of a compromise between regional and national concerns. This compromise is reflected in the League’s rule of unanimity in voting and optional cooperation between Member States its status as an inter-governmental Organization; and its limited authority. The Charter embodies the need for political consensus, and public satisfaction.

The League also faces many challenges because of a weak democratic environment in some Arab States. There is considerable Arab variation in the level of democracy, the nature of regimes, and policies and positions. This disparity makes joint regional action nearly impossible despite common interests and goals Member States.

The Arab League & the Freedom of Association
The Pact of the League of Arab States does not address freedom of association or partnership with civil society organizations. This is not surprising given that when the Organization was established, these concepts were not common. In addition, the League is a regional organization mainly regulating relations between States. Only recently has the Arab League begun to address these concepts. In 2004, a commissioner general for civil society was appointed. His responsibility is to communicate with civil society organizations (CSOs) on behalf of the Arab League. Two departments were also established; the first is the Department of Human Rights that is concerned with developing an Arab human rights system. The second, is the Department of Civil Society Observatory and Vocational Unions, established to communicate with CSOs in the Arab region in order to develop their role in the joint Arab action.

In May 2004, the "Arab Charter of Human Rights" was adopted. Article 24 (5-7), establishes:

“Every citizen has the right: (…)

To freely form and join associations with others.
To freedom of association and peaceful assembly.
No restrictions may be placed on the exercise of these rights other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public health or morals or the protection of the rights and freedoms of others.”

The Arab League and Civil Society Partnership
Although limited, the Arab League has organized activities in cooperation with CSOs. These activities have included regional conferences about protecting the freedom of association, the moral responsibility of CSOs in the Arab world, and the right to freedom of assembly. The Arab League also organized the First Arab Conference on Human Rights held in Doha on December 15, 2008.

However, these activities were mostly academic and did not address the practical environment for civil society in Arab League Member States. Consequently, no recommendations were made by the Arab League to Member States where the freedom of association is not protected.

Civil society is mostly excluded from participating in decision-making within the framework of the League of Arab States. This has prevented CSOs from playing a role in regional development. The Pact of the League of Arab States does not formally identify a role for civil society, and has very restrictive criteria for institutions that can participate in the work of the League as observers. In most cases, CSOs permitted to observe the League are associated with Member State governments in some way.

One of the goals of the League of Arab States was to establish an integrated Arab system of human rights to protect fundamental rights and freedoms. The Arab Charter on Human Rights falls short of fulfilling this goal.

Challenges and problems related to civil society and freedom of association:
The League of Arab States is an organization completely beholden to Member State governments. Thus, it is difficult for the organization to move forward on most issues, including those affecting civil society and freedom of association. This is reflected in its internal regulations for the Standing Committee on Human Rights:

Members of the committee shall be exclusively member states in the Arab League.
The Committee shall review human rights-related issues based on what the Council of the League of Arab States or the General Secretariat transfers to the committee, and it shall provide recommendations regarding these issues. Recommendations shall have the support of two member states.
NGOs and human rights organizations – accredited in the meetings of the Committee as observers according to the criteria and rules adopted - attend the meetings by invitation of the General Secretariat and the committee; however, if the committee sees it necessary, it shall limit its meetings to member states only.

These articles show the extent to which the Arab League is controlled by its Member States. The obvious result of this control has been a limited role for civil society within the Arab League where most of its Member States lack strong democratic histories.

In stark contrast, the Council of Arab Interior Ministers regularly meets and coordinates the actions of Arab States issues of security with limited obstacles. This demonstrates that the Arab League can be a vehicle for collective action on issues considered important by its members. Hopefully, development, economic or cultural issues will gain more support.

News and Upcoming Events

General News

Two scholars argue for "League of Arab Societies" in article for Foreign Policy (March 2012)
Ahmed Charai, publisher of the weekly Moroccan newspaper L'Observateur, and author Joseph Braude argue that the region needs a transnational body that speaks for the aspirations of civil society activists and reformists -- and the tens of millions of people who stand to benefit from efforts to fight corruption, stem extremism, provide electoral transparency, and build institutions to serve women and the working class. They would call it a "League of Arab Societies." Ironically, they say the organization should draw inspiration from the region's most successful transnational institution in recent memory: The Muslim World League (MWL), an umbrella organization headquartered in Saudi Arabia that drew together the Muslim Brotherhood, Salafi clerics, and jihadists to fight secular dictatorships. (Read more)

Ever fewer friends (November 2011)
The Arab League has voted to suspend Syria from its meetings if the regime in Damascus fails to implement a deal to end the brutal crackdown against protesters by Wednesday. On November 2nd, the 22-member body agreed with Syria that it would withdraw its army and security forces, open dialogue with the opposition and allow media and monitors into the country within the next two weeks. (Read more)

Arab League (NYT: November 2011)
The Arab League, officially called the League of Arab States, is a notoriously fractious regional organization of 22 Arab states based in Cairo. It was founded on March 22, 1945, with the aim of strengthening the relationships between member states through political, cultural and economic cooperation. (Read more)

League of Arab States will support Azerbaijan's UNSC bid (September 2011)
The League of Arab States decided to support the candidacy of Azerbaijan for the non-permanent membership of the UN Security Council for 2012-2013. (Read more)

HRW Calls Arab League to Hold Emergency Meeting on Syria (August 2011)
The League of Arab States should hold an emergency meeting about the crackdown in Syria, Human Rights Watch said today in a letter to Nabil al-Arabi, secretary general of the league. (Read more)

Arab League Debates Options in Libya (April 2011)
An Arab League conference in Cairo has examined how to put a stop to the conflict in Libya, bring about a political dialogue and resolve the country’s humanitarian crisis. The meeting was one of a series of diplomatic initiatives to find a solution for Libya. It coincided with a NATO conference in Berlin Thursday, and followed an international gathering in Qatar Wednesday and an African Union mission to Libya earlier this week. (Read more)

Arab League states: a recent history of protests (March 2011)
The Arab League's support for military intervention in Libya has been pivotal in persuading the US and the UN security council to act. But a glance through membership reveals that the governments of 18 of its 22 states do not have democratic credentials: they are suppressing – often violently – protest movements inside their own borders, have already undergone popular revolutions or have a chequered history regarding their support for democracy. (Read more)

Arab League asks U.N. for no-fly zone over Libya (March 2011)
The Arab League called on the U.N. Security Council on Saturday to immediately impose a no-fly zone over Libya and announced that it was recognizing the rebel movement as that country’s legitimate government. (Read more)

Conference of Arab Expatriates (December 2010)
The League of Arab States (Arab Expatriates Department) organized the 1st Conference of Arab Expatriates Under the theme "A bridge for communication" held at the headquarters of the League in Cairo. During the conference, the role of the Civil Society Organizations in the advancement of the Arab Communities was discussed, among others. To read the declaration of the conference click here.

The League of Arab States condemned Israeli military raid on flotilla (June 2010)
On May 31, 2010 the league requested the international community, all activists, and international relief agencies to put pressure on Israel to end the blockade on Gaza. (Read more in Arabic)

Elections in Sudan
The Mission of the League of Arab States in Sudan confirmed that even though the Sudanese election process was not implemented according to international standards as regards transparency and integrity, it was an exemplary big step. (Read more in Arabic)

Elections in Iraq
Head of League Election Observation Mission to Iraq said the election process had several loopholes, although it was transparent and was carried out according to international standards. (Read more in Arabic)

The Arab Summit (March 2010)
The final statement was free of any items regarding freedom of civil society. However, with regard to partnership with civil society, there was a call to hold an international conference under the sponsorship of the League of Arab States and with the participation of all concerned Arab states, institutions, syndicates, civil society bodies throughout the year for the defense of Jerusalem and its protection on all levels. More information about the Summit can be found here.

A Resolution on Iraq Issued by the Arab League (February 2010)
The Arab league follows with interest the current political mobility on the Iraqi arena in order to prepare for the coming parliamentary elections, and it is calling all political forces to work for providing the proper atmosphere for this important elections in a climate of national consensus, free competition and the actual expression of the public will with transparency, integrity and credibility. The league also welcomes the trend of the Iraqi leaders and constitutional institutions to end the issue of the objection on a few candidates by the committee of justice and accountability and to open the way in front of them to participate and insure the process of democracy, it sees that this would enhance success chances for this elections and would be in favor of widening the participation in the whole political process by considering this elections as an important station towards the Iraqi conciliation and towards achieving credibility and general acceptance to the Iraq of the future. (Read more in Arabic)

5th Meeting of the Arab Commitee for Human Rights (February 2010)
The Arab Committee for Human Rights held its fifth meeting during the period of 14- 18 of February chaired by dr. Abdel Rehim Yousef Elawadi the chairman of the committee and an assistant of the minister of foreign affairs in the field of legal affairs and international institutions. The committee has endorsed mechanism of work as to check state’s reports and dates of receiving these reports from member states in the Arab charter for human rights, and also to check dates of discussions that shall be sent to the concerned states through the secretary general of the Arab league. It should be mentioned that the Arab committee for human rights was established by the Arab charter for human rights and all member states in the Arab league has signed but so far only ten states ratified the committee.This committee is regarded as the first Arab mechanism to receive reports on human rights situation according to the charter’s decision, the committee also discuss these reports with states in public sessions, then finally publish its observations and recommendations. (Read more in Arabic)

The foregoing information was collected by the ICNL NGO Law Monitor partner organization.