Wednesday, August 5, 2020

Yemen's Multilayered War: Al Qaeda in Arab Peninsula

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Anant Jani

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Yemen's Multilayered War: Al Qaeda in Arab Peninsula

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Global Views 360

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August 5, 2020

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Sailors render honors at the USS Cole Memorial

Sailors render honors at the USS Cole Memorial | Source: Flickr

This is the 4th part of a short explainer article series on the current crisis in Yemen. To read the earlier parts of the series click on the following links.

To read the 1st part of the series click on the link.

To read the 2nd part of the series click on the link.

To read the 3rd part of the series click on the link.

The unification of Yemen in 1990 was a direct result of the military defeat of South Yemen at the hand of North Yemen forces. This military defeat and coerced unification implied that Unified Yemen could not achieve real cohesion, preventing the functioning of the nation as a democratic unit.

Meanwhile, newer elements were added to the dangerous mix of sub-nationalism, intra religious division, and tribal loyalty in Yemen. These were the Yemeni veterans of Soviet-Afghan war who fought with the Afghan mujahideen against the Soviet army backing the Afghan government.

These were hardline Wahabi and Salafi fighters, following an idealogy that mandated a strict interpretation of Islam. The fighters returned to Yemen in the early 1990s, after the withdrawal of Soviet forces from Afghanistan. The local Yemeni, both the Zaidi Shias or Maliki Sunni have traditionally followed a more liberal version of Islamic and social practices. Unlike the local Sunnis who were living in peaceful coexistence with the Zaidis Shia, these hardliners were antagonistic to the Shias.

Their arrival was followed by a forceful realignment of the local residents’ religious practices, mandating the local population to strict interpretations and social practices. Osama bin Laden, who had family roots in Yemen, was a conveniently placed ideological mentor. This led to a pushback from both the government forces as well as Shia groups, especially the Houthi-led Ansar Allah movement. In time, these former mujahideen, who were battle hardened and well versed in guerilla warfare, allied themselves with Al-Qaeda to start a low level insurgency in Yemen.

The Gulf war and subsequent stationing of American forces in Saudi Arabia and other gulf countries provided another impetus for the growth of Al Qaeda in Yemen. Consequently, they demanded that coalition forces leave Arabian land, failing which would result in more terror attacks.

Al-Qaeda affiliated groups attacked many installations associated with the US-led coalition forces in Yemen and nearby countries. The most successful of those was the famous bombing of USS Cole in Aden, in 2000. It was followed by a series of attacks leading up to  9/11.

Al-Qaeda in the Arab Peninsula (AQAP) is also known as the Ansar al-Sharia in Yemen is fighting to set up an emirate amidst the lack of leadership post the Houthi rebellion. It was this outfit that claimed responsibility for the attack on the French satirical magazine, Charlie Hebdo, in 2015 and is now considered the most dangerous al-Qaeda outfit by the US.

The CNN reported that “AQAP set out its objectives in a May 2010 statement as the "expulsion of Jews and crusaders" from the Arabian Peninsula, the re-establishment of the Islamic caliphate, the introduction of Sharia, or Islamic law, and the liberation of Muslim lands.”

The full list of attacks and places captured by terrorist insurgents in chronological order can be accessed here.

One of the outcomes of continual terrorist attacks has been a reduction in Hadi’s popularity. He is also seen as weak for not being able to stop al-Qaeda from terrorising Southern Yemen, as well as for not being able to alleviate them from their feeling of marginalization ever since the unification.

To read the 5th part of the series click on the link.

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February 4, 2021 4:57 PM

India’s Transgender (Protection of Rights) Act: Why the activists are opposing it?

On July 13, 2020 the Ministry of Social Justice and Empowerment of India notified the release of draft Rules for the much-disputed Transgender (Protection of Rights) Act 2019, and has given citizens 30 days to submit suggestions and objections.

The Ministry first published the draft Rules on April 18, 2020 and asked for comments by April 30, later extended to May 18. Based on the central government’s consideration of the submitted feedback, the updated Rules were once again opened to critique.

As summarised in this analysis by PRS Legislative Research, the Rules lay out the detailed process regarding issuance of Certificate of Identity, and welfare measures, medical facilities and such for transgender people. It also specifies that the National Institute of Social Defence will act as secretariat for the National Council for Transgender Persons.

Analysis

  1. The Act is infamous for claiming to confer the right to self-perceived gender identity, which is also enshrined in the National Legal Services Authority (NALSA) vs. Union of India judgement, but continuously neglecting this right thereby going against both a Supreme Court judgement and its own statement.
  2. This manifested once again in Rule 4 of the first draft of Rules which required a psychologist’s report— while paradoxically insisting that it requires “no medical examination”— as part of the application process. This requirement was removed from the recent draft of the Rules after backlash.
  3. Also, as stated in the Act, it is the District Magistrate who will determine the final “correctness” of the application, essentially stripping transgender people of any supposed right to self determination. It is worth noting that this places the District Magistrate, an executive figure, in a judicial position, one of ‘judging’ the ‘authenticity’ of a person’s gender identity.
  4. The above mentioned application will only provide a Certificate of Identity that states a person’s gender identity as transgender. To be able to apply for a revised Certificate of Identity to change one’s gender to male/female as per Rule 6, a person must undergo gender reassignment surgery and on top of that provide a certificate stating this from the Medical Superintendent or Chief Medical Officer from the medical institution which facilitates the surgery.
  5. This is problematic for a large multitude of reasons, including but not limited to: many transgender people not feeling the need for medical or surgical intervention, the policing of transgender people’s identity as only being ‘valid’ if they undergo surgery, and the sky-high costs of surgery contrasted with large numbers of transgender people living in unsupportive environments and/or being unable to finance their surgery.
  6. The right to self-identification continues to be blatantly violated in Rule 8, under which a District Magistrate can reject an application, following which the applicant has a right to appeal the rejection only within 60 days of intimation of the same, as stated in Rule 9.
  7. The right to self-determination was also thrown out the window when the first draft Rules imposed a penalty on “false” applications, once again referring to the arbitrary power of the District Magistrate. This has also been removed following strongly negative reactions.

It is important to compare the two versions of the Rules despite the second one being arguably better and cognizant of some of the demands made by the citizens and other stakeholders.

The first version of the Rules quite clearly depicted the narrowly cisnormative perspective through which transgender lives are seen by the people in power. Despite the many changes as a result of relentless protests, the Act is nowhere near to truly respecting and empowering transgender people.

The decision to give the final say to the District Magistrate- which some argue made the process harder than it used to be before the Act- and the refusal to provide affirmative action or reservations to ensure representation in positions of authority that transgender people have historically been denied access to.

It also does little to counter discrimination, as is seen most clearly in the punishment of sexual assault and rape being much less than for the rape of a cisgender woman. It advocates for plenty of measures but does pitifully little to ensure or enable these changes.  

History of the Act

The history of the Act is a turbulent one. The 2016 Transgender (Protection of Rights) Bill, was almost immediately slammed by activists, NGOs, other human rights organisations, and citizens, for multiple reasons.

The most derided was the provision to set up a ‘District Screening Committee’ which included the District Magistrate, a chief medical officer and a psychiatrist among others, for the sole purpose of scrutinising a transgender person’s body and identity. It also criminalised organised begging, an activity specifically common among the Hijra community.

The Lower House of the Parliament, the Lok Sabha, rejected all the proposed changes by the parliamentary standing committee along with the demands of the transgender community, and passed the bill with some amendments in 2018. A short-lived victory came in the form of the lapse of the bill due to the 2019 general elections.

However, as soon as the NDA government was re-elected, the bill was reintroduced in the Parliament with some more changes, particularly the removal of the section on District Screening Committees, but was still unsatisfactory.

The full text of this bill was not released when it was approved by the Union Cabinet on July 10, 2019, but on the morning that it was tabled in the Lok Sabha, garnering another consecutive year of protest since it was first introduced.

This is the bill as it exists today, having been passed by the Lok Sabha on August 5, 2019. When the motion to refer it to a select committee failed in the Rajya Sabha, it was passed on November 26, 2019, and received presidential assent on December 5, 2019. Recent developments include a writ petition in the Supreme Court challenging the validity of the Act.

Despite it becoming the law of the land, transgender citizens and activists such as Esvi Anbu Kothazam and Kanmani Ray continue to criticse it and the insidious transphobic thinking that has always guided it.

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