What is the big deal about the Doha Conference? Wasn't it just a bunch of scholars getting together? Will it have any effect on international law?
Answer
Yes, it is true what you say. Its signficance lies in the fact that it was put by a sovereign state, and that makes its impact on the currrents that future state conduct might be expected to follow. It might well thus lead to newer and more clear interpretations of international law on the subject.
Name
Muslim
-
Profession
Question
Are you satisifed with the declaration of the Doha Conference?
Answer
Not really satisfied pesonally. It does represent in a forceful manner the ideological goals of the pro-family movement. But it does not cater for, or address, many serious problems that I think are currenly the center of international debates on marriage and family issues. Moreover, there are clear differences in the regional approach to this topic. It essentialy aims to address Western problems.
Name
Charlie
-
Profession
Question
The Resolution was adopted by consensus by the whole of the UN General Assembly on Monday with the following Countries entering Reservations that dis-associated them from the IYF+10 process: Norway, Netherlands (on behalf of the whole of the EU), Canada, Australia, New Zealand. This is unbelievable but very interesting in that it pits them against over 148 nations that were supporting Qatar and the Resolution.
Would you care to comment on that?
Answer
“Noting,” like other similar terms as “recalling,” is often used in the Preambular paragraphs of UN and international texts to signify the existence of diverse facts referred thereto. They do not in and of themselves denote anything by way of taking on of obligations. To achieve that legal status it is necessary to show formal “approval”. By English state practice of transnational transactions it is it is necessary to show formal “approval”. By English state practice of transnational transactions it is nothing more than a Memorandum of some factual occurrence or event.
If by a UN document it is meant that it has achieved a “binding” effect to what has been “noted” as such, I am afraid, as a lawyer, I cannot say so. Many “words” or “phrases” or “terms of art” appear in UN papers howsoever labeled. To be technically binding on sovereign member countries, such “binding” effect is only applicable to obligations expressly assumed by formal acts of the countries. This is clearly laid down in the Restatement of Law of the American Law Institute, by the Vienna Convention on the Law of Treaties, 1969 and by Second Restatement of the Foreign Relations law of the United States, 1965.
Name
Concerned Muslim
-
Profession
Question
How do you see the future of the natural family in light of the outcomes of this conference?
Answer
I think this year in its totatlity has seen great progress on the moral aspects of the current debates re Family. It is tribute to the work of the NGOs headed by Brigham Young University's World Family Policy Center ... but more so of Islamic countires efforts. Regrettably, such open tribute was not manifestly provided by this meeting except in my plenary Intervention.
Name
maya
-
Profession
Question
As-salam alaykum,
To be honest I think that contemporary phenomena like homosexual-rights groups and feminist groups will not be stopped by a conference, which was labelled by someone in the west as "medieval" and "fascist." In which way do you think you can deal with such groups, do you think a dialogue is possible, or do you see them as a plague?
Answer
You are basically right. Conferences cannot change morals. But if laws are "made", they can affect moral attitudes over a period of time. What was needed was, thus, a focus on the real problems--acutely pointed out by you--and to address the issues legally....I am afraid this was utterly missed in this conference. Also the levels of analyis presnted were mostly rhetorical. Laws have to be focused upon. The focus of the conference was to appear to be well knit in concept ... but what concept is a question that was left unanswered. Dialogues can only arise if there are rational and not polemical attitudes adopted by pro-Fmaily partisans.
Name
Baraka
-
Profession
Researcher
Question
What are the main issues of the Doha Declaration? Why do EU and Canada reject it? Does UN reject "family" and do EU and Canada represent a majority or a minority opinion about the declaration?
Answer
The Doha Declaration is a pious and hopeful presenation by basically good poeple. The adherents of this "good" approach are essentially the 60 Islamic countries of the OIC (Organization of the Islamic Conference) and the Vatican. The Western world is utterly amotional and amoral on such matters. I said so in my Plenary intervention since I realized that in the Doha Conference not a single powerful and influential country was present. I do not know but even the US Ambssador for Family matters (Ms. Sauerbrey) did not [attend] although she has been very supportive of the efforts of pro-family advocates. The real tussle is thus between "ancient religious values" and more secularly oriented Western states of real influence ... not only the West but nations like Japan and others from the Down under are against this philosophy of Family as being now espoused at Doha.
Name
amal
-
Profession
Question
What is the role of Muslim countries after such a conference and if an active role is played by them, can it make a difference?
Answer
I think that Muslim countries are the real bulwark aginst this tirade against the natural family. But I am afraid even at Doha the important Muslim countries that matter were not given their due significance. Genuine encouragement of the Islamic countries by the Governmnents that have the funds should be readily provided. I am sorry to say that most of the speakers in Doha from the Muslim world were from small Arab countries. I think we should in the Islamic world admit this phenomenon so that the right poeple can then move their own regions with required intellectual enterprises for Family.
Name
Aziz
-
Profession
Question
How did it come about that sodomy progressed so rapidly from being a crime to being sanctioned at the national and even international levels?
Answer
It has sadly come about since the "laws" on this crime were outlawed in countries that matter today--the US, Europe and Scandanvia--so the laws are not really internationally changed as such. E.g., in Pakistan or India (and several Commonwealth countries of Africa) we still have Section 377 of the Penal Code drafted by Lord MacCualy over 130 yeras ago categorizing sodomy as an "unnatural offence," but it is considered "unfashionable" to speak too loudy about such matters currently so as not to appear "medieval." So these are the real problems that needed examination. Sadly no discussion of these matters took place at Doha since it had pious but clearly lacking in vision attitude through most of its talks.
Name
Bruce
-
Profession
Question
It's an empirical fact that human norms have changed over time. Why are you all so determined to fight the inevitable evolution of social norms?
Answer
You are right that human social norms do change .... but for the majority of ordinary people, the Huxley world is only a fiction, except in the more developed industrialized countries of the West. Recent US elections,perhaps, showed that even in the US there are more "religiously" oriented poeple than one might expect. For me it is not a "fight" but more essentially adherence to one's religious beliefs.
But I must put on record that the NGOs that work in this field for the family are genuinely good poeple who just want to save their families from influences they consider harmful. My only fear is that they should remain what they are...moved by moral and religious principles, [rather] than by the political expediencies of a given time or occasion.
Name
muslim
-
Profession
Question
Can anyone go to this conference in the future? Also, I notice a lot of the attendees have an educational understanding of family issues, but are there people/speakers who have struggled with these problems in their homes or families? Someone that can give us inside knowledge of the issues.
Answer
I cannot really answer this question ... I had no idea until the end whether I was going ... and to tell you honestly, the NGO groups that helped organize this conference--neither did they. But it is best I do not go into this matter right now. I think the attendees had diverse backgrounds, but not really "specialists." You may read, if you have time, my interview given to IOL at Doha in this regards:
Limitations of the Doha Conference
But some [speakers] were "experts." As for personal experiences of experts or attendees, I cannot really say that I met even one with these credentials. All the people I came across were "academics." But without exception they were highly moral and ethical groups of individuals. So you will have to take it that the substance of the presenters' talks is really intellectual than based on empircism. Whether this is "knowledge" as you put it, I leave it for you to evaluate.
Name
Nafisa
-
Profession
Question
I've heard through friends that Canada and the EU and a few others were not happy with the Doha Declaration. But it seems benign to me. What was it they objected to in the declaration?
Answer
I think I have already adverted to this issue. They object pricipally on LEGAL and HUMAN RIGHTS NORMS. According to this persepective, it is against law to discriminate bewteen man & woman in sexual matters. These past two years, 2003 and 2004, Canada & Brazil had almost got the Resolution known as that of Sexual Orientation passed in Geneva before the UN Human Rights Commission meetings. It only got postponed by the efforts of Pakistan, Saudi Arabia, and Malaysia by the moving of dozens of amendments--thus ensuring its postponement. I was one of the Speakers invited by major NGOs of this field to address these delegates. So these issues need examination ... which was sadly ignored at Doha.
Name
Khadijah
-
Profession
Question
Given your disappointment in the UN General Assembly not adopting the Doha Declaration, can you make any predictions about the outcomes of Beijing +10 or of the Commission on Human Rights when they vote on making gay rights human rights?
Answer
No, I am not disappointed at the General Assembly not "adopting" it ...(despite my many distinguished friends saying that it has been so done!) Indeed, I predicted it in my earlier IOL interview. I do not think it is necessary to lay such an enormous emphasis on the Doha Declaration by relying on weak or controversial legal foundations. The legal international magna carta of Family already exists in the UDHR (Universal Declaration of Human Rights) of 1948, Article 16 (3). I think the Doha document is great per se as an echo of a large section of the world’s community’s conscience. It is a significant milestone by itself.
Nothing is gained, in my view, by an exaggerated and belabored construction of its place now as a UN document or not. Such an effort may be counter productive by persuading the anti-family platform for a renewed effort to hit the family on what I think would be a soft target. I think the emphasis of those trying on despertately feeble legal arguments that the matter has been adopted is legally untenable and also unnecessary. We have enough in the 1948 UDHR and the undisputed texts to make a legal argument for the character of the Family. I think your question on Beijing+10 or HRC is very pertinent. Unless a carefully planned action is launched NOW by pro-Family advocates, nothing would be gained by being entirely wishful but unrealistic and non-professional.
Name
maya
-
Profession
Question
As-salamu `alaykum,
Thank you for your previous answer. I work for a group of Muslim women and we have to work very close with a feminist group; they made very hard comments about the conference, saying that it contributes to the rise of Islamophobia in the west, as it shows that islam is repressive and conservative. That's why the Christian church, though sharing our issue, doesn't want to take part in such things, in order to avoid appearing "medieval". Did you ever think of a rising of hate against Muslims due to the family issue (in some ways it confirms your thesis of a general "hate" against family)?
Answer
Your point is remarkbly accurate were it actually true in the sense that had the Doha Conference referred to Islamic teachings, etc. There is no cavil with the proposition that Islamphopbia has clearly shown its ugly head in more ways than one in recent times. I co-taught a seminar with Professor Samual Huntington a year ago at Harvard. His emphasis on this "clash of civiliaztions" may be unfashionable, but in essence does represent what is now happening across the world.
In my 2002 King Faisal Memorial Lecture in Riyadh and while receiving this highly coveted award, I said so ... my views are avaviable in Arabic, too ... but in Family-related efforts, I think the converse seems to be true. Perhaps since without Interntaional Islamic support, no pro-Fmaily platform can possibly succeed; converse seems to be true ... perhaps since without International Islamic support, no pro-Fmaily platform can possibly succeed
realistically. As such I feel that you are in no danger of espousing your religious attitudes. As for Islamic attitudes toward women ... these are complex questions and another time I will happily go into it. You can read, if you wish, my two works in this respect: The Islamic Republic and the Concept of State & Law in Islam.
