The League of Arab States
(LAS)
Dr Khalil Hussein
Professor at faculty of law at Lebanese university
Director of studies at Lebanese Parliament
By the end of the millennium, the League of Arab States celebrated its 55th anniversary; which postdated the emergence of an Arab Regional system, assuming a unique character, which has then become a distinctive and indispensable characteristic, namely: the national quality. However, the Arab League's membership has expanded as from seven Arab Member States, (forming a total number of independent Arab countries during the mid - forties) so as to reach 22 Arab Member States (forming the total number of Member States in the Arab Regional System). Actually, the LAS has passed through several stages of development and was contemporaneous with several numerous attempts for its re-structuring. These stages and attempts reflect the efforts exerted to modernize the same Arab Regional Regime.
Inspite of the call for the Arab unity that has been put forward, since several centuries, yet still the idea of setting up an Arab Organization to gather the Arab countries together, did not crystallize - or in other words - its features were not elaborated except during the Second World War, due to Arab, Regional and International changes. On the Arab Level, we can say that the Arab reality formed the corner stone for this historical development:
- The atmosphere of war, was absolutely suitable for the growth of the national movements and the activity of resistance against the presence of aggression, which was - in turn - reflected on the independence of an increasing number of Arab countries, while - at the same time - has generated the need to establish a kind of balance between the political powers, in which Egypt has played a very active role.
- The need for unity has been boasted in conjunction with the awareness of the Zionist movement dangers, the flocking of Zionist emigrations to Palestine and the impossibility of disregarding the role played by the mandating country "Britain", so as to realize the dream of the Jewish State.
- It is due to the educational missions, that the friction with the West has augmented leading - in turn - to the receptiveness to new ideas and political trends, which it has been operating, on top of which is the national idea.
- It seems that there is a considerable volume of commercial exchange and transfer of individuals between the Arab East countries, in a way that appeared as if it will ensure the material spiritual, cultural and tentative basis for unity.
On the regional level the neighboring countries basically - Turkey & Iran, have passed through various developments that helped them to focus on their own domestic affairs and distracted them from aborting the Arab attempts for unity. As for Turkey's defeat in the First World War, and its fear from an establishment of a Communist Regime on its borders and the signs of change in its relations and alliances within the area extending from the East to the West, are the most distinctive basic factors and items adopted in its internal and external agenda. At a time in which it captured the Iskenderun Region in Syria, and its failure to cut out Mosul from Iraq, by hoisting the space separating it from its Arab - Islamic milieu, and acquiring it an additional greater dimension.
As for Iran, which was ruled not only by a domineering Royal Regime but also by Western Imperialism dominating all its resources, it was threatened - more than Turkey - by the danger of a powerful communist neighbor, with whom its shares long borders and who did not hide its imperialistic intentions, neither in its maritime passage ways nor its petroleum.
There is a transitional stage, as one of the development stages of the international system that followed the Second World War, which - in turn - drew the United States' attention to the neighboring countries to the Soviet Union, Eastern Europe and China, while temporarily leaving the Arab area alone, to lie within the track of interest of Britain and France, with their long experience in the Arab Affairs. As for Britain, in particular, it is of vital importance to elaborate two extremely important facts, while analyzing Britain's stance towards the establishment of the League of Arab States.
The first fact: Britain played a consolidating role for the establishment of the League of Arab States, for reasons that would serve its interests.
The second Fact: The role played by Britain was complimentary or auxiliary and not originative or imitative. This is because there is no country whatsoever, and however much was its degree of political domination during a certain historical decade, that can give life to an existing idea, or because the British Political behavior - as will be clear later on - was antagonistic and hostile to the development of the Arab bonds and pursuant to competition with it, by administering an artificial relationship, the most important of which is the Middle East bonds. There is another saying that: " during the Forties of the 20th Century, Britain found out that one of the institutional forms encompassing the independent Arab countries at that time, has served its interests, from various basic factors, namely:
First: Pursuing the aspirations of the area and handling them in anew form, in consideration to the international competitions and the French ones, in particular.
Second: Responding to the independent and liberal expanding trend, which seemed to be one of the basic features of the post war international relations.
Third: This factor is closely connected with related to the previous item, as well as making use of the Intifadas that were waged against them, comprising the Iraqi war that was waged during the times of Rashid Aly Al-Kilany the muting movements extended against it, in Egypt
Fourth: Solving the cause of the Jews in Palestine, while being illusioned with imagination that the foundation of the Jewish state, can never be accomplished except through a general Arab framework, capable of presenting concessions to the Jews, as well as acting as unifier and co- ordinator of the Arabs' opinions, in this respect.
Fifth: Making use of the Second World War experience that confirmed the unified economic and strategic nature of the Arab area, which is well known for being an extremely wealthy Petroleum reservoir area which equals one third of the well known international reserve at that time. It is also considered a crossing point to one of the most important watercourses (streams), for example the Suez Canal stream. Besides it is the linking point between the East and the West. Hence, feeling the need for dealing with this reality, in a way that suits it.
This was the first time that the idea of establishing the Arab League, was discussed so clearly. In this context, Sir Anthony Eden, British Minister of Foreign Affairs has delivered a speech on 29/5/1941 saying: "The Arab world has made a lot of progress since the settlement that took place post World War ?. Beside, a number of Arab ideologist wish the Arab nations, a greater scope of unity, than what it is up to, now. However, the Arabs are looking forward to gain our support, in their attempts towards realizing this goal. We should not disregard our friends' response to this request. It seems quite natural and right to foster and enhance cultural, economic and political relations between Arab countries. Furthermore, His Majesty's Government will totally support any plan that will gain general consensus".
After less than 2 years of this date, particularly on 24/2/1943, and in the British House of Commons Sir Eden has re-affirmed that the British Government sympathizes every movement carried out by the Arabs, aiming at realizing their economic, cultural and political unity.
Executive Steps:
In an investment to the personal factors justifying unity and to the suitable regional and international circumstances, executive steps have started to be undertaken so as to put this target of unity, into action.
Thereupon, the Egyptian Prime minister Mustafa Al-Nahas, has taken the initiative, after almost one year of Sir Anthony Eden's speech. His Excellency cordially invited both: the Syrian Prime Minister (Gamil Miridin) and the President of the Lebanese National(Bsharaa Alkhoury to visit Cairo, so as to negotiate with them, the idea of "establishing an Arab League to foster the bonds of relations between the Arab countries, that gained access to the League".
Accordingly, a series of bilateral negotiations have been held between Egypt - on the one hand - and representatives of Iraq, Syria, Lebanon, Kingdom of Saudi Arabia, Jordan and Yemen, on the other hand. These negotiations have resulted in the crystallization of two basic trends for unity, namely:
The first trend: calls for what may be titled by a "Sub- Regional Unit or a Subsidiary Unit", under trusteeship of "Great Syria" or the "Fertile Crescent".
The Second Trend: calls for a more general and comprehensive kind of unity, embracing all the independent Arab countries. This trend is to guarantee two subsidiary opinions. One of them calls for a Federal or a Confederal unity between the concerned countries. The second opinion calls for an intermediate form that would help in accomplishing co-operation and co-ordination of all aspects, while - at the same time - maintaining the independence and sovereignty of countries.
However, when the Preparatory Committee held a meeting with the representatives of Syria, Lebanon, Jordan, Iraq, Egypt and Yemen (as a Controller) during the period from 25/9 - 7/10/1944. It directly overbalanced the tendency calling for the unity of the Arab independent countries in a way that would not affect its unity and sovereignty. Whereas, the committee has determined to name this tangible kind of unity by "The League of Arab States". It preferred this naming to "Confederation" and "Union". The first naming refers to an accidental relation, whereas the other naming invalidate the specialization agreed upon to be transferred to the developing Arab Organization. Thereupon, and in light of all the a /m, the Alexandria Protocol" has been reached, to be the first document that concerns the Arab League, stating the following principles:
- The establishment of the "League of Arab States" comprising independent Arab countries that accept accession to it, while -at the same time - form a Council in which all the Member States in the Arab States in the Arab League, will be on equal footing.
- The Arab League Council is entrusted to adhere to the implementation of inter - member states agreements and periodical meeting to enhance and foster relations between them and co-ordinate between its political plans, so as to realize the required co-operation between them and maintain their independence and sovereignty, against any aggression, by all possible political means and generally considering the domestic affairs of the Arab countries. The resolutions adopted by the Arab League Council are binding to the assenting parties, except for cases implying differences between two League Member States who will thus refer to the Council to settle conflicts between them. In such cases, the resolutions adopted by the Arab League Council, will be binding and enforceable
- It is inpermissible to use power to settle conflicts that may arise between two League Member States. It is also illegal to follow a foreign policy that would adversely harm the policy followed by the League of the Arab States or any of its Member States' Policy.
- admitting the sovereignty and independence of the organizing countries and their actual present borders.
The protocol has also implied two resolutions relating to the following items, namely:
- Urgent need to respect Lebanon's independence and sovereignty.
- To consider Palestine as an important element in the Arab countries set up, without prejudice to the Arab rights and without causing any damage to peace and independence of Arab countries. They have to support the cause of Arab Palestinians by realizing their legitimate rights and maintaining their just rights.
This protocol has been signed on 7/10/1944 by Heads of Delegations participating in the Preparatory Committee, with the exception of Saudi Arabia and Yemen, who have successively signed the protocol on 3/1/1944 and on 5/2/1945, after being raised to His Excellency, King Abdul Aziz Al Saud and the Imam Yehia Hamid.
As a result of 16 meetings held by the above mentioned concerned parties at the Egyptian Ministry of Foreign Affairs Headquarters, during the period 17/2 - 3/3/1945, the Charter was adopted, after being amended, at Al - Zaafaran Palace, in Cairo.
The Arab League Charter consisted of a preamble, 20 articles, 3 appendices, where the First Appendix dealt with Palestine within this context. The Arab League Council has chosen a representative (i.e. for Palestine), so as to take part in its acts, until it gains independence. The second Appendix tackled co-operation with the non-independent countries, who -at the same time- are non Member Sates in the Arab League Council. The Third and Last Appendix relates to the assignment of Mr. Abdul Rahman Azzam, in his capacity as Minister Plenipotentiary in the Egyptian Ministry of Foreign Affairs, to be the First Secretary General of the League of Arab States, for a period of 2 years.
Also the Charter consists the type of organizational and procedural membership and provisions, the Arab League Council and the Permanent and Budgetary Committees, the Arab League Headquarters and its General Secretariat, the diplomatic privileges, the withdrawal or dismissal from the Arab League, the Charter amendment and, finally, the ratification procedures and the group of objective rules relating to the commitments of Member States towards each other, implying every country's respect to the ruling system of the other country, as well as the peaceful settlement of inter-conflicts, and co-ordinating their foreign policies should be performed in a way that would not indemnify the interests of any of them, and enhance their sincere efforts and co-operation not only in repulsing any aggression on any Arab League Member State, but also co-operating together in various economic, social and cultural affairs.
Charter was ratified on 23/3/1945 by the Arab countries representatives except for Saudi Arabia and Yemen, who have later on signed the Charter. However, the Palestinian Parties' representatives, attended the ratification session. Accordingly, the League of Arab States designated 22nd March, as an official date to celebrate the annual anniversary of the Arab League Charter. In this respect, we can register 3 remarks, namely:
- The Charter was a kind of harmonization between the regional and national tendencies, which was - in turn - reflected on the League by considering it an organization based on voluntary co-operation between the Member States, to be based on equality and mutual respect so as to realize the major goal of independence. Besides, it has also been reflected on its situation as an inter-government organization and not as a superior authority and being given preference over and above.
- The Charter has materialized a case of political accord and general satisfaction (i.e.) The Arab League has not been established by the rise of a dominating regional power that imposes its will on others, but was rather a result to a number of balances between the concerned parties.
- Both principles of sovereignty and equality have become the basis of unanimous vote, joint security order and peaceful settlement of conflicts.
However, the general satisfaction and consensus serving as a strong base for the establishment of the organization, has definitely implied positive and negative impacts.
The positive factor was significant in maintaining the adherence to order, and insuring its flexibility, while - at the same time - impeding all attempts exerted by one country or a limited number of countries, to have a dominant influence over the Arab League. Whereas, the negative aspect was significant in the fact that the base of unanimous voting has sometimes led to a considerable amount of deadlock and formalism in performance, where the League, moved steadily and effectively only in case of unanimous voting to its resolutions, and vice - versa is correct.
Development:
Ever since its establishment, several attempts have been exerted to develop the Arab League. . Such a step was considered a kind of reconciliatory solution in a peace making attempt, so as to attain the required attnement between the national and regional associations. This of course, was a direct response to the prompt action undertaken by the League of Arab States ,Charter in this respect, as not to keep pace with the enhancement and reinforcement of the association, which the Arab League has established and materialized. In this context, the Charter has brought into being two probable mechanisms that need development, namely:
First: the instrument of amending the Charter itself, by reference to article (19) in the Charter, stating the possibility of amendment, according to the consensus 2/3 of the majority, so as to create stronger and deeper ties between the Member States and also establish an Arab Court of Justice.
Second: The instrument, which it originated for fostering inter-relations and ties between two or more of its Member States.
In pursuance to all the above mentioned, the Arab reality witnessed attempts for examining the two above mentioned instruments in various Spheres, namely: political, economic, strategic, legal and managerial.
Politically:
The Political Committee was formed on 30/11/1946, at a time of the flare up of the conflict going on with the Zionist Powers and taking place in Palestine. While also the emergence of the need to activate political negotiations between Member States and co-ordinating between situations and attitudes in this respect. Inspite of the fact that the Formation Resolution stipulated that the membership in the committee should be on the Ministerial Level. Hence, after 5 years of the committee's operation, in other words, the League Council issued a resolution in 1951 stipulating, opening the door of membership for Heads of Governments and Heads of delegations to the Arab League, according to its request. However, among the most important accomplishments realized by the committee, were the following:
- Crystallizing the Joint Defense and Economic co-operation Treaty. Further to the co-ordination of Arab situations towards international causes.
- Making preparations for the Arab Summit conferences agenda, as well as raising their reports to the meetings of Summit Conferences' meetings. This is what has been actually realized during the first five Summit Conferences.
On the other hand, the First Arab Conference that was held in Cairo, on 1964, after Israel's transference to the River Jordan, adopted a resolution, stating the periodical annual convention of Summit Conferences. However, post the First Arab Resolution stating regular convention of sessions, the Cairo Summit held on October, 2000, adopted a resolution stating the adoption of this principle, to be inserted to the Charter supplement.
Economically and Strategically:
The Joint Defense and Economic Co-operation Treaty signed on 1950 has connected between the economic and strategic aspects. Actually, it represents a pre-comprehension to the multi-security dimensions and exceeding the defensive or security dimension.
On the other hand, article (6) in the Treaty, provided for the formation of a Joint Defence Council that can adopt resolutions binding to all members, with a majority of 2/3. It was thus considered at that time, a qualitative transition that tackles a unanimous approval of the majority, or resolutions adopted by the Arab League.
However, after the establishment of the Jewish state in 1948, there was a dire need for an Arab agglomeration to confront the Israeli danger. In this context and in 1948, Syria presented a suggestion to conclude a political military alliance treaty between the Arab League Member States. Its suggestion has been referred to the political committee, which, in turn, formed a special committee known by "Collective Solidarity Committee" which received ideas and projects from Lebanon, Egypt, Iraq, and Syria and has succeeded in ratifying the treaty. On the International level: "The Tripartite Declaration" issued by the United States, France and Britain, has explicitly expressed the Arab tendency, aiming at subjecting the Arab-Israeli conflict priorities to the conflict between the Western and Eastern camps priorities. This was to be realized by amalgamating Israel with the Arab countries, to function under a Middle East Organization. Accordingly, these pressures had to be confronted by crystallizing a strategic national identity for Arab countries, under cover of a national system to be supported by a sustained Security characteristic, of a different nature than the "other" regional system.
And In this context, an issue of conforming with the United Nations Charter, focusing on "Collective Security" conception, as stipulated in articles: 52-53-54, Chapter 2, in the section relating to "Regional Organizations", has been raised.
Thereupon, a Joint Defence Treaty has been ratified focusing on the enhancement of Collective Security, by stating the peaceful inter - settlement of disputes between the concerned parties in their relations with other countries. It also stated the inpermissability of these countries to conclude international agreements incompatible with the said treaty, and also act in a disconsonant manner with other countries, to be inconsistent with the Treaty objectives. It is noteworthy that these principles have supplemented and enriched the Charter, by laying down a concept to the machineries that will consolidate the Arab National Security. Further to the above mentioned Treaty, it has provided for the establishment of many bodies relating Collective Security , namely :
- The Joint Defence Council, comprising Ministers of Foreign Affairs and Defence, in the contracting countries, or whoever represents them.
- Military Committee, comprising representatives and the general staff of the contracting countries armies, so as to co-ordinate the joint defence plans.
- The Military Consultative Board comprising the Chief of Staff of contracting countries' armies, so as to supervise the united military committee, to be presided by the country having more ammunition and army forces, as long as there is no unanimous Arab governmental approval for choosing another country.
On the other hand, the Treaty tackled the economic aspect in the light of which it called for reinforcement and evaluation of Arab economic relations.
It is however noteworthy that since its establishment the League of Arab States has attached great importance to this economic aspect as one of the Joint Arab Action items as stated in the Economic and Social Council related resolution, laying stress on facilitating and developing the Arab commercial exchange in 1953, while also ratifying the Arab Economic Unity Agreement in 1957, to be followed by issuing a resolution for the establishment of the Common Arab Market in 1964.
Nevertheless, the importance of the "Joint Arab Economic Action" has augmented, serving as a lever to the Joint Arab Action at times of critical Arab Political relations. This has taken place at a time when the Arab Regime has been affected, as a direct result to the crack in the Egyptian-Arab relations resulting from disparities with Israel in matters relating to the settlement policies.
In pursuance to the Amman Summit held in 1980, that has adopted the principle of National Planning in directing and developing the Joint Arab Action. The Summit has also approved the documents relating to the strategy of the Joint Arab Economic Venture, the National Economic Action Charter, Draft Common Development Contract and the Unified Investment Agreement
This procedure has recurred following the Second Gulf Crisis. At a time when the First Summit Conference which was held in Cairo, after six years of the invasion date in 1966, has adopted a resolution implying the assignment of the Economic and Social Council to accelerate in establishing a vast Arab Free Zone area. Accordingly, the Council has actually laid down a ten year executive program to establish the zone, starting from 1/1/1998. Furthermore, the Amman Summit/2001- has been named by "The Economic Summit", being the First Periodical Summit held in accordance with the Cairo Summit resolution, adopted in 2000, which adopted the Egyptian initiative relating to holding the First Arab Economic Conference in November/2001, under the slogan of: "Promoting the Arab Economic Performance".
Legally:
The project relating to the performance of an "Arab Court of Justice", is a true expression of the eminent efforts exerted by the League of Arab States, to develop its institutions, on the legal level. However, in accordance with the above mentioned, the Arab League Charter stated the possibility of its amendment, in 3 cases, namely: One of these , The establishment of "the Arab Court of Justice", is of vital importance. It will be responsible to handle the shortage of the necessary means for the settlement of conflicts. In this context, the "Alexandria Summit" held in 1964, adopted a resolution stating the establishment of the Court. The Arab League Council decided after sixteen years and specifically, in 1980 to form a Committee, so as to lay down the Court's basic Statutes.
- The Court formation comprises seven closed-door elected judges, for a period of three years, liable to extension, while changing three of them to be chosen by lot, every three years.
- The Court is responsible to settle conflicts, referred to it by the concerned parties, or those, which are provided for, in bilateral or multilateral agreements, or the countries' declaration of the Court's custody to these conflicts, without any need for a special agreement.
- The Court passes over its judgement, in accordance with the Arab League Charter principles and by virtue of the international law rules, whereas the other sources will be taken care of, upon approval of the other parties.
- The machinery depends in its job performance on the principles of the Arab League Charter, joint Defence Treaty and the UN Charter.
However, Tunis has presented this project to the Arab League Council, session No. 104, that was held during the period 20-21/9/1995. In this context, it expressed the related suggestion that was adopted by the Arab Maghreb (North West African) countries. Thereupon, the Arab League Council has endorsed this project, on 21/9/1995, while authorizing a specialized Committee, to make its final drafting. However, under this drafting, the Committee decided the following:
- A central body will be formed to be a basic structure, responsible for steering the machinery of the expected conflicts. It will consist of five representatives of the Member States, on the level of Ministers of Foreign Affairs and the Arab League Secretary General; to be presided by the Minister of Foreign Affairs of the country presiding the Arab League Council Ordinary Session.
- This machinery will assume the responsibility of quick intervention for the prevention of any disputes or conflicts between Arab countries. In a further stage, it will manage and settle these conflicts by using peaceful means. However, in case of being unable to attain the previous target, by using the Arab League's potentialities, it is then possible for this machinery to co-operate with the United Nations to encompass the conflict and supervise the peace process maintenance in reference to international legislation
Administratively:
The administrative development of the Arab League focuses on developing the status of the General Secretariat. It is however, noteworthy, that this structural or institutional dimension is totally related to the cause of Charter amendment, established as an important item in a number of Arab Summits' agenda, without meaning the conformity between both parties. For instance, the Rabat Summit has formed a quadrilateral Committee in 1974, authorizing it to prepare a study relating to the League development, to be presented to "the Eight Arab Summit Conference". Whereas it also asked the Tunis Summit held in 1979 to re-structure the Arab League, so as to effectively function and thus move steadily on sound new basis.
However, the Dar Al-Baidaa Summit held in 1989, has referred in its final communiqu? to the urgent need to develop the structural and administrative organization of the League of Arab States.
Finally, the Amman Summit held in 2001, has authorized the Secretary General, Mr. Amre Moussa "to undertake the necessary steps". It also suggested laying down the suitable forms necessary for the reformation of the financial, administrative organizational situations of the Arab League General Secretariat, for restructuring purposes, as well as for promoting its working performance techniques, while enabling it to acknowledge its national requirements and accompany the latest developments taking place on the regional and international arenas.
It goes without saying that developing the Arab League General Secretariat Body, for which the Secretary General is totally responsible and devoted, is not a personal request; but will rather be an instrument that will serve as an introduction to activate the General Secretariat's performance, for further vital duties, which it is expected to carry out. In future. What is more important, is that it is an indispensable basic step towards the development of the League of Arab States as an entity and as an organization that crystallizes the Arab Union. It is considered a step towards the reinforcement of the targeted aspiration and the expected objective, namely: the pivotal role played by the Secretary General, within the framework and along the history of the Arab League.
Structure:
The basic structure of the League of Arab States -as stated in its Charter- consists of 3 main departments, namely: "The League Council - Permanent Committees and the General Secretariat". Along with the other established bodies provided for "Joint Arab Defence Treaty", that was ratified in 1950. In other words, these bodies have been previously referred to and which have been established by virtue of resolutions issued by the League of Arab States Council, on the part of "The Exploitation of River Jordan and Tributaries Associations" - "IDCAS" and "The Arab Forestry Institute" etc?
Furthermore, the Arab League has established or promoted the establishment of specialized agencies aiming at gathering the economic and social activities to function on technical basis, as well as ridding it - in a way or another- from the political complications. Further to the Ministerial Councils, mainly concerned with health, tourism, and security.
However, in accordance with the statements, provided for in the Arab League Charter, reference will be made to the 3 basic bodies, as stated in the Arab League Charter, to be as follows:
The Arab League Council:
This Council is considered as the Supreme Authority functioning within the Arab League. It consists of all the Arab League Member States representatives, including the Palestine Liberation Organization. But however much are the number of representatives, yet still everyone of them will have to vote. While taking into account, that the Member States have the right in determining the level of representation, they prefer, which may be promoted to the level of Heads of States or may be less in degree. This, of course, will not change the Council's nature. However, in accordance with the Arab League Charter the Council will be endeavored to realize the following objectives, namely:
- Undertaking the necessary measures to set back the actual or expected aggression, that may befall any Member State.
- Peaceful settlement of conflicts, as for example mediation or arbitration.
- Laying down the basic internal statute of the Council, permanent Committees and the General Secretariat.
- Determining and adopting the Member States' quotas in the Arab League Budget.
- Appointing the Secretary General of the League of Arab States.
- Determining means of co-operation with International Organizations so as to maintain international peace and security.
- Carrying out the agreements ratified by the Member States, in various fields.
The Permanent Committees:
The Arab League Charter (Article 4) stipulates the formation of a number of permanent committees, concerned with all forms of co-operation between the Member States. These committees had to be increased in number and modernized, so as to keep pace with the new developments, occurring to the Arab-Arab relations, as was the case with the political Committee, emerging from the practical practice and was not a direct result as clearly stated in the Charter.
However, the representation policy designed for the permanent Committees, will be as follows: "each permanent Committee will be represented by one single representative having one single vote for each country, separately". Accordingly, the Council will appoint one Chairman for each committee for a period of two years, liable to extension. In this context, the committees' meetings will issue its resolutions, according to the Member States majority votes, while taking into account that the Committees, meetings will not materialize, except by the presence of the Member States majority. Furthermore, these committees will enjoy the right of forming sub-committees, to be concerned with specialized technical affairs. It will also have the right to recommend for calling upon the Arab League Member States, to pass over their experience to these committees vis-?-vis the adjustment of their performance and whenever needed.
In pursuance, reference can be made to its role in accomplishing various draft treaties, ratified by Member States which are part and parcel of it. This is a part from other treaties, namely: "joint Defence- Economic Co-operation - Arab Union - Criminals Delivery and the Protocol of treatment of Palestinians in Arab Countries".
General Secretariat:
The Arab League Charter (Article 12) organizes the status of the Arab League General Secretariat. It has been referred -in this respect- that it would consist of a Secretary General -Assistant Secretaries General with a 2/3 majority of votes and for a period of 5 years, to be renewed on regular basis.
However, upon the approval of the Council, the Secretary General will be responsible for the appointment of the Secretaries General and the principle employees in the League. Thereupon, the post of the Secretary General of the League of Arab States has been in successive rotation for 6 Secretaries, namely: Mr. Abdul Rahman Azzam, Mr. Mohamed Abdul Khalek Hassouna, Mr. Mohamed Riyad, Mr. Al-Shazly Al-Kaleiby, Dr. Esmat Abdul Magiud, and Mr. Amre Moussa, who has been appointed as Secretary General in 2001. The basic statute highlight the responsibility of the Secretary General to be defined as:
Political responsibilities
- The right to attend the Arab League Council, and take part in discussion of matters, presented to it.
- The right of the Arab League representation in international organizations.
- Calling upon the Arab League Council and its related permanent Committees, to hold meetings.
- The right of drawing the attention of the Council or the Arab League Member States, to any subject, which the Secretary General considers important.
- Preparing the Arab League Budget
- Determining the Convention dates of the Arab League Council Session.
- The right to speak on behalf of the Arab League, as well as present the necessary data to the public opinion.
- Follow-up of resolutions adopted by the Arab League Council and its Committees.
- The tight to present verbal or written reports or data relating to any subject discussed by the Council.
- Organizing the related secretarial work.
It is noteworthy that the political aspect relating to the Secretary General's activity, has greatly developed along with the large scale, multi-dimensions and spheres of activities practiced by the League of Arab States.
Specilaized Ministerial Councils
Specilaized ministerial councils are the following
- Council of Arab Ministers for Electricity
- Council of Arab Transportation Ministers
- Council of Arab Ministers for Health
- Council of Arab Ministers for Youth and Sports
- Council of Arab Housing and Constrcion Ministers
- Council of Arab Justice Ministers
- Council of Arab Ministers for Social Affairs
- Council of Arab Justice Ministers
- Council of Arab Ministers for Communicatios
- Council of Arab Ministers for Environmental Issues
- Council of Arab Ministers for Tourism
Arab Unions
Arab unions are the following
- General Arab Insurance Federation
- Arab Union Of Land Transport
- Arab Sea Ports Federation
- Arab Federation Of Chambers Of Shipping
- Arab Association of Medical & Drug Equipment Manufactures
- Arab Association of Fish Producers
- Arab Association of Cement and Construction Materials
- Arab Association of Leather Works
- Arab Association of Iron and Steel
- Arab Association of Railroad Authorities
- Arab Association of Food Industries
- Arab Association of Maritime and Port Authorities
- Arab Association of Chemical Furtlizer Producers
- Arab Association of Maritime Carriers
- Arab Association of Textile Industries
- Arab Ouer-Land Transport Association
- Arab Association of Engineering - Industries
- Arab Association of Printing and Paper Industries
- Arab Association of Air Transport
- Association of Arab International Airports
Role:
Along its very rich and successful history, the League of Arab States was able to play four vital key roles that could be briefly referred to, as follows:
Sharing the efforts exerted by the Arab countries to gain independence. Hence, emerged the role played by the Arab League, in this respect; as for example, in consolidating the liberation moves and efforts undertaken by countries, such as Algiers, Sultanate of Oman, South Yemen (before Yemen Unity) and the Sudan. Accordingly, such a vital role was the direct and main season for the enlarged scope of the Arab States Membership in the Arab League in comparison to the old Membership. It now comprises 22 Arab countries, whereas, the total number of signatory states to the Founding Charter, did not exceed 7 countries.
Representing the Arab countries in various arenas and international organizations, as for example the United Nations and its Specialized Organizations, as well as the Organization of African Unity (OAU). While -at the same time fostering bonds of co-opertation with the latter, with the purpose of forming a sector of common institutions such as: "The Arab Bank For Development in Africa" "The Arab Fund for Loans", a part from the important role played by the League of Arab States, as a basic party in the dialogue with Europe, during the Seventies.
Promoting the Arab-Arab co-operation between the group of specialized Organizations, formed on various levels, within and without the scope of the Arab League.
In this context, reference should be made to the Arab Organizations that have been established within the frame work of the League of Arab States. While taking into account that scope of activities has extended to focus on matters relating to manpower, economic and social development, scientific and cultural affairs, means of communication and information. However, some Organizations such as "The Arab Labor Organization" "The Arab Fund for Economic and Social Development" The Arab League Educational, Cultural and Scientific Organization (ALESCO)" "The Arab States Broadcasting Union (ASBU)" and "The Arab Permanent Telecommunication Committee and the permanent Arab Postal Committee working within the framework of "The Arab Telecommunication Council of Ministers (ATCM)" have developed the means of expressing all these interests and activities.
The League of Arab States has exerted remarkable identified efforts in regular and continuous coordination with its various affiliated bodies, so as to activate the Arab Trade Union Labor. This has motivated the rise of "Arab lawyers, doctors, journalists, juries and workers Unions etc?
. - Taking part in the Peaceful settlement of some Arab-Arab conflicts, as for example: the Egyptian -Sudanese conflict in 1958, the Moroccan - Algerian conflict in 1963 - the Yemeni- yemeni conflict in 1987.
It is quite remarkable that the Arab League's capacity, in this respect, was related to the conflicting parties' degree and acceptance to the role it is designed to play.
However, the importance of this point lies within the scope of the well known fact that the Arab League's authority does not boost that of the Member States. Yet, while speaking about the Kwaiti-Iraqi conflict 1961, the Arab League has formed a temporary security force. It has also developed the diplomacy of the Arab Summit Conference.
(LAS)
Dr Khalil Hussein
Professor at faculty of law at Lebanese university
Director of studies at Lebanese Parliament
By the end of the millennium, the League of Arab States celebrated its 55th anniversary; which postdated the emergence of an Arab Regional system, assuming a unique character, which has then become a distinctive and indispensable characteristic, namely: the national quality. However, the Arab League's membership has expanded as from seven Arab Member States, (forming a total number of independent Arab countries during the mid - forties) so as to reach 22 Arab Member States (forming the total number of Member States in the Arab Regional System). Actually, the LAS has passed through several stages of development and was contemporaneous with several numerous attempts for its re-structuring. These stages and attempts reflect the efforts exerted to modernize the same Arab Regional Regime.
Inspite of the call for the Arab unity that has been put forward, since several centuries, yet still the idea of setting up an Arab Organization to gather the Arab countries together, did not crystallize - or in other words - its features were not elaborated except during the Second World War, due to Arab, Regional and International changes. On the Arab Level, we can say that the Arab reality formed the corner stone for this historical development:
- The atmosphere of war, was absolutely suitable for the growth of the national movements and the activity of resistance against the presence of aggression, which was - in turn - reflected on the independence of an increasing number of Arab countries, while - at the same time - has generated the need to establish a kind of balance between the political powers, in which Egypt has played a very active role.
- The need for unity has been boasted in conjunction with the awareness of the Zionist movement dangers, the flocking of Zionist emigrations to Palestine and the impossibility of disregarding the role played by the mandating country "Britain", so as to realize the dream of the Jewish State.
- It is due to the educational missions, that the friction with the West has augmented leading - in turn - to the receptiveness to new ideas and political trends, which it has been operating, on top of which is the national idea.
- It seems that there is a considerable volume of commercial exchange and transfer of individuals between the Arab East countries, in a way that appeared as if it will ensure the material spiritual, cultural and tentative basis for unity.
On the regional level the neighboring countries basically - Turkey & Iran, have passed through various developments that helped them to focus on their own domestic affairs and distracted them from aborting the Arab attempts for unity. As for Turkey's defeat in the First World War, and its fear from an establishment of a Communist Regime on its borders and the signs of change in its relations and alliances within the area extending from the East to the West, are the most distinctive basic factors and items adopted in its internal and external agenda. At a time in which it captured the Iskenderun Region in Syria, and its failure to cut out Mosul from Iraq, by hoisting the space separating it from its Arab - Islamic milieu, and acquiring it an additional greater dimension.
As for Iran, which was ruled not only by a domineering Royal Regime but also by Western Imperialism dominating all its resources, it was threatened - more than Turkey - by the danger of a powerful communist neighbor, with whom its shares long borders and who did not hide its imperialistic intentions, neither in its maritime passage ways nor its petroleum.
There is a transitional stage, as one of the development stages of the international system that followed the Second World War, which - in turn - drew the United States' attention to the neighboring countries to the Soviet Union, Eastern Europe and China, while temporarily leaving the Arab area alone, to lie within the track of interest of Britain and France, with their long experience in the Arab Affairs. As for Britain, in particular, it is of vital importance to elaborate two extremely important facts, while analyzing Britain's stance towards the establishment of the League of Arab States.
The first fact: Britain played a consolidating role for the establishment of the League of Arab States, for reasons that would serve its interests.
The second Fact: The role played by Britain was complimentary or auxiliary and not originative or imitative. This is because there is no country whatsoever, and however much was its degree of political domination during a certain historical decade, that can give life to an existing idea, or because the British Political behavior - as will be clear later on - was antagonistic and hostile to the development of the Arab bonds and pursuant to competition with it, by administering an artificial relationship, the most important of which is the Middle East bonds. There is another saying that: " during the Forties of the 20th Century, Britain found out that one of the institutional forms encompassing the independent Arab countries at that time, has served its interests, from various basic factors, namely:
First: Pursuing the aspirations of the area and handling them in anew form, in consideration to the international competitions and the French ones, in particular.
Second: Responding to the independent and liberal expanding trend, which seemed to be one of the basic features of the post war international relations.
Third: This factor is closely connected with related to the previous item, as well as making use of the Intifadas that were waged against them, comprising the Iraqi war that was waged during the times of Rashid Aly Al-Kilany the muting movements extended against it, in Egypt
Fourth: Solving the cause of the Jews in Palestine, while being illusioned with imagination that the foundation of the Jewish state, can never be accomplished except through a general Arab framework, capable of presenting concessions to the Jews, as well as acting as unifier and co- ordinator of the Arabs' opinions, in this respect.
Fifth: Making use of the Second World War experience that confirmed the unified economic and strategic nature of the Arab area, which is well known for being an extremely wealthy Petroleum reservoir area which equals one third of the well known international reserve at that time. It is also considered a crossing point to one of the most important watercourses (streams), for example the Suez Canal stream. Besides it is the linking point between the East and the West. Hence, feeling the need for dealing with this reality, in a way that suits it.
This was the first time that the idea of establishing the Arab League, was discussed so clearly. In this context, Sir Anthony Eden, British Minister of Foreign Affairs has delivered a speech on 29/5/1941 saying: "The Arab world has made a lot of progress since the settlement that took place post World War ?. Beside, a number of Arab ideologist wish the Arab nations, a greater scope of unity, than what it is up to, now. However, the Arabs are looking forward to gain our support, in their attempts towards realizing this goal. We should not disregard our friends' response to this request. It seems quite natural and right to foster and enhance cultural, economic and political relations between Arab countries. Furthermore, His Majesty's Government will totally support any plan that will gain general consensus".
After less than 2 years of this date, particularly on 24/2/1943, and in the British House of Commons Sir Eden has re-affirmed that the British Government sympathizes every movement carried out by the Arabs, aiming at realizing their economic, cultural and political unity.
Executive Steps:
In an investment to the personal factors justifying unity and to the suitable regional and international circumstances, executive steps have started to be undertaken so as to put this target of unity, into action.
Thereupon, the Egyptian Prime minister Mustafa Al-Nahas, has taken the initiative, after almost one year of Sir Anthony Eden's speech. His Excellency cordially invited both: the Syrian Prime Minister (Gamil Miridin) and the President of the Lebanese National(Bsharaa Alkhoury to visit Cairo, so as to negotiate with them, the idea of "establishing an Arab League to foster the bonds of relations between the Arab countries, that gained access to the League".
Accordingly, a series of bilateral negotiations have been held between Egypt - on the one hand - and representatives of Iraq, Syria, Lebanon, Kingdom of Saudi Arabia, Jordan and Yemen, on the other hand. These negotiations have resulted in the crystallization of two basic trends for unity, namely:
The first trend: calls for what may be titled by a "Sub- Regional Unit or a Subsidiary Unit", under trusteeship of "Great Syria" or the "Fertile Crescent".
The Second Trend: calls for a more general and comprehensive kind of unity, embracing all the independent Arab countries. This trend is to guarantee two subsidiary opinions. One of them calls for a Federal or a Confederal unity between the concerned countries. The second opinion calls for an intermediate form that would help in accomplishing co-operation and co-ordination of all aspects, while - at the same time - maintaining the independence and sovereignty of countries.
However, when the Preparatory Committee held a meeting with the representatives of Syria, Lebanon, Jordan, Iraq, Egypt and Yemen (as a Controller) during the period from 25/9 - 7/10/1944. It directly overbalanced the tendency calling for the unity of the Arab independent countries in a way that would not affect its unity and sovereignty. Whereas, the committee has determined to name this tangible kind of unity by "The League of Arab States". It preferred this naming to "Confederation" and "Union". The first naming refers to an accidental relation, whereas the other naming invalidate the specialization agreed upon to be transferred to the developing Arab Organization. Thereupon, and in light of all the a /m, the Alexandria Protocol" has been reached, to be the first document that concerns the Arab League, stating the following principles:
- The establishment of the "League of Arab States" comprising independent Arab countries that accept accession to it, while -at the same time - form a Council in which all the Member States in the Arab States in the Arab League, will be on equal footing.
- The Arab League Council is entrusted to adhere to the implementation of inter - member states agreements and periodical meeting to enhance and foster relations between them and co-ordinate between its political plans, so as to realize the required co-operation between them and maintain their independence and sovereignty, against any aggression, by all possible political means and generally considering the domestic affairs of the Arab countries. The resolutions adopted by the Arab League Council are binding to the assenting parties, except for cases implying differences between two League Member States who will thus refer to the Council to settle conflicts between them. In such cases, the resolutions adopted by the Arab League Council, will be binding and enforceable
- It is inpermissible to use power to settle conflicts that may arise between two League Member States. It is also illegal to follow a foreign policy that would adversely harm the policy followed by the League of the Arab States or any of its Member States' Policy.
- admitting the sovereignty and independence of the organizing countries and their actual present borders.
The protocol has also implied two resolutions relating to the following items, namely:
- Urgent need to respect Lebanon's independence and sovereignty.
- To consider Palestine as an important element in the Arab countries set up, without prejudice to the Arab rights and without causing any damage to peace and independence of Arab countries. They have to support the cause of Arab Palestinians by realizing their legitimate rights and maintaining their just rights.
This protocol has been signed on 7/10/1944 by Heads of Delegations participating in the Preparatory Committee, with the exception of Saudi Arabia and Yemen, who have successively signed the protocol on 3/1/1944 and on 5/2/1945, after being raised to His Excellency, King Abdul Aziz Al Saud and the Imam Yehia Hamid.
As a result of 16 meetings held by the above mentioned concerned parties at the Egyptian Ministry of Foreign Affairs Headquarters, during the period 17/2 - 3/3/1945, the Charter was adopted, after being amended, at Al - Zaafaran Palace, in Cairo.
The Arab League Charter consisted of a preamble, 20 articles, 3 appendices, where the First Appendix dealt with Palestine within this context. The Arab League Council has chosen a representative (i.e. for Palestine), so as to take part in its acts, until it gains independence. The second Appendix tackled co-operation with the non-independent countries, who -at the same time- are non Member Sates in the Arab League Council. The Third and Last Appendix relates to the assignment of Mr. Abdul Rahman Azzam, in his capacity as Minister Plenipotentiary in the Egyptian Ministry of Foreign Affairs, to be the First Secretary General of the League of Arab States, for a period of 2 years.
Also the Charter consists the type of organizational and procedural membership and provisions, the Arab League Council and the Permanent and Budgetary Committees, the Arab League Headquarters and its General Secretariat, the diplomatic privileges, the withdrawal or dismissal from the Arab League, the Charter amendment and, finally, the ratification procedures and the group of objective rules relating to the commitments of Member States towards each other, implying every country's respect to the ruling system of the other country, as well as the peaceful settlement of inter-conflicts, and co-ordinating their foreign policies should be performed in a way that would not indemnify the interests of any of them, and enhance their sincere efforts and co-operation not only in repulsing any aggression on any Arab League Member State, but also co-operating together in various economic, social and cultural affairs.
Charter was ratified on 23/3/1945 by the Arab countries representatives except for Saudi Arabia and Yemen, who have later on signed the Charter. However, the Palestinian Parties' representatives, attended the ratification session. Accordingly, the League of Arab States designated 22nd March, as an official date to celebrate the annual anniversary of the Arab League Charter. In this respect, we can register 3 remarks, namely:
- The Charter was a kind of harmonization between the regional and national tendencies, which was - in turn - reflected on the League by considering it an organization based on voluntary co-operation between the Member States, to be based on equality and mutual respect so as to realize the major goal of independence. Besides, it has also been reflected on its situation as an inter-government organization and not as a superior authority and being given preference over and above.
- The Charter has materialized a case of political accord and general satisfaction (i.e.) The Arab League has not been established by the rise of a dominating regional power that imposes its will on others, but was rather a result to a number of balances between the concerned parties.
- Both principles of sovereignty and equality have become the basis of unanimous vote, joint security order and peaceful settlement of conflicts.
However, the general satisfaction and consensus serving as a strong base for the establishment of the organization, has definitely implied positive and negative impacts.
The positive factor was significant in maintaining the adherence to order, and insuring its flexibility, while - at the same time - impeding all attempts exerted by one country or a limited number of countries, to have a dominant influence over the Arab League. Whereas, the negative aspect was significant in the fact that the base of unanimous voting has sometimes led to a considerable amount of deadlock and formalism in performance, where the League, moved steadily and effectively only in case of unanimous voting to its resolutions, and vice - versa is correct.
Development:
Ever since its establishment, several attempts have been exerted to develop the Arab League. . Such a step was considered a kind of reconciliatory solution in a peace making attempt, so as to attain the required attnement between the national and regional associations. This of course, was a direct response to the prompt action undertaken by the League of Arab States ,Charter in this respect, as not to keep pace with the enhancement and reinforcement of the association, which the Arab League has established and materialized. In this context, the Charter has brought into being two probable mechanisms that need development, namely:
First: the instrument of amending the Charter itself, by reference to article (19) in the Charter, stating the possibility of amendment, according to the consensus 2/3 of the majority, so as to create stronger and deeper ties between the Member States and also establish an Arab Court of Justice.
Second: The instrument, which it originated for fostering inter-relations and ties between two or more of its Member States.
In pursuance to all the above mentioned, the Arab reality witnessed attempts for examining the two above mentioned instruments in various Spheres, namely: political, economic, strategic, legal and managerial.
Politically:
The Political Committee was formed on 30/11/1946, at a time of the flare up of the conflict going on with the Zionist Powers and taking place in Palestine. While also the emergence of the need to activate political negotiations between Member States and co-ordinating between situations and attitudes in this respect. Inspite of the fact that the Formation Resolution stipulated that the membership in the committee should be on the Ministerial Level. Hence, after 5 years of the committee's operation, in other words, the League Council issued a resolution in 1951 stipulating, opening the door of membership for Heads of Governments and Heads of delegations to the Arab League, according to its request. However, among the most important accomplishments realized by the committee, were the following:
- Crystallizing the Joint Defense and Economic co-operation Treaty. Further to the co-ordination of Arab situations towards international causes.
- Making preparations for the Arab Summit conferences agenda, as well as raising their reports to the meetings of Summit Conferences' meetings. This is what has been actually realized during the first five Summit Conferences.
On the other hand, the First Arab Conference that was held in Cairo, on 1964, after Israel's transference to the River Jordan, adopted a resolution, stating the periodical annual convention of Summit Conferences. However, post the First Arab Resolution stating regular convention of sessions, the Cairo Summit held on October, 2000, adopted a resolution stating the adoption of this principle, to be inserted to the Charter supplement.
Economically and Strategically:
The Joint Defense and Economic Co-operation Treaty signed on 1950 has connected between the economic and strategic aspects. Actually, it represents a pre-comprehension to the multi-security dimensions and exceeding the defensive or security dimension.
On the other hand, article (6) in the Treaty, provided for the formation of a Joint Defence Council that can adopt resolutions binding to all members, with a majority of 2/3. It was thus considered at that time, a qualitative transition that tackles a unanimous approval of the majority, or resolutions adopted by the Arab League.
However, after the establishment of the Jewish state in 1948, there was a dire need for an Arab agglomeration to confront the Israeli danger. In this context and in 1948, Syria presented a suggestion to conclude a political military alliance treaty between the Arab League Member States. Its suggestion has been referred to the political committee, which, in turn, formed a special committee known by "Collective Solidarity Committee" which received ideas and projects from Lebanon, Egypt, Iraq, and Syria and has succeeded in ratifying the treaty. On the International level: "The Tripartite Declaration" issued by the United States, France and Britain, has explicitly expressed the Arab tendency, aiming at subjecting the Arab-Israeli conflict priorities to the conflict between the Western and Eastern camps priorities. This was to be realized by amalgamating Israel with the Arab countries, to function under a Middle East Organization. Accordingly, these pressures had to be confronted by crystallizing a strategic national identity for Arab countries, under cover of a national system to be supported by a sustained Security characteristic, of a different nature than the "other" regional system.
And In this context, an issue of conforming with the United Nations Charter, focusing on "Collective Security" conception, as stipulated in articles: 52-53-54, Chapter 2, in the section relating to "Regional Organizations", has been raised.
Thereupon, a Joint Defence Treaty has been ratified focusing on the enhancement of Collective Security, by stating the peaceful inter - settlement of disputes between the concerned parties in their relations with other countries. It also stated the inpermissability of these countries to conclude international agreements incompatible with the said treaty, and also act in a disconsonant manner with other countries, to be inconsistent with the Treaty objectives. It is noteworthy that these principles have supplemented and enriched the Charter, by laying down a concept to the machineries that will consolidate the Arab National Security. Further to the above mentioned Treaty, it has provided for the establishment of many bodies relating Collective Security , namely :
- The Joint Defence Council, comprising Ministers of Foreign Affairs and Defence, in the contracting countries, or whoever represents them.
- Military Committee, comprising representatives and the general staff of the contracting countries armies, so as to co-ordinate the joint defence plans.
- The Military Consultative Board comprising the Chief of Staff of contracting countries' armies, so as to supervise the united military committee, to be presided by the country having more ammunition and army forces, as long as there is no unanimous Arab governmental approval for choosing another country.
On the other hand, the Treaty tackled the economic aspect in the light of which it called for reinforcement and evaluation of Arab economic relations.
It is however noteworthy that since its establishment the League of Arab States has attached great importance to this economic aspect as one of the Joint Arab Action items as stated in the Economic and Social Council related resolution, laying stress on facilitating and developing the Arab commercial exchange in 1953, while also ratifying the Arab Economic Unity Agreement in 1957, to be followed by issuing a resolution for the establishment of the Common Arab Market in 1964.
Nevertheless, the importance of the "Joint Arab Economic Action" has augmented, serving as a lever to the Joint Arab Action at times of critical Arab Political relations. This has taken place at a time when the Arab Regime has been affected, as a direct result to the crack in the Egyptian-Arab relations resulting from disparities with Israel in matters relating to the settlement policies.
In pursuance to the Amman Summit held in 1980, that has adopted the principle of National Planning in directing and developing the Joint Arab Action. The Summit has also approved the documents relating to the strategy of the Joint Arab Economic Venture, the National Economic Action Charter, Draft Common Development Contract and the Unified Investment Agreement
This procedure has recurred following the Second Gulf Crisis. At a time when the First Summit Conference which was held in Cairo, after six years of the invasion date in 1966, has adopted a resolution implying the assignment of the Economic and Social Council to accelerate in establishing a vast Arab Free Zone area. Accordingly, the Council has actually laid down a ten year executive program to establish the zone, starting from 1/1/1998. Furthermore, the Amman Summit/2001- has been named by "The Economic Summit", being the First Periodical Summit held in accordance with the Cairo Summit resolution, adopted in 2000, which adopted the Egyptian initiative relating to holding the First Arab Economic Conference in November/2001, under the slogan of: "Promoting the Arab Economic Performance".
Legally:
The project relating to the performance of an "Arab Court of Justice", is a true expression of the eminent efforts exerted by the League of Arab States, to develop its institutions, on the legal level. However, in accordance with the above mentioned, the Arab League Charter stated the possibility of its amendment, in 3 cases, namely: One of these , The establishment of "the Arab Court of Justice", is of vital importance. It will be responsible to handle the shortage of the necessary means for the settlement of conflicts. In this context, the "Alexandria Summit" held in 1964, adopted a resolution stating the establishment of the Court. The Arab League Council decided after sixteen years and specifically, in 1980 to form a Committee, so as to lay down the Court's basic Statutes.
- The Court formation comprises seven closed-door elected judges, for a period of three years, liable to extension, while changing three of them to be chosen by lot, every three years.
- The Court is responsible to settle conflicts, referred to it by the concerned parties, or those, which are provided for, in bilateral or multilateral agreements, or the countries' declaration of the Court's custody to these conflicts, without any need for a special agreement.
- The Court passes over its judgement, in accordance with the Arab League Charter principles and by virtue of the international law rules, whereas the other sources will be taken care of, upon approval of the other parties.
- The machinery depends in its job performance on the principles of the Arab League Charter, joint Defence Treaty and the UN Charter.
However, Tunis has presented this project to the Arab League Council, session No. 104, that was held during the period 20-21/9/1995. In this context, it expressed the related suggestion that was adopted by the Arab Maghreb (North West African) countries. Thereupon, the Arab League Council has endorsed this project, on 21/9/1995, while authorizing a specialized Committee, to make its final drafting. However, under this drafting, the Committee decided the following:
- A central body will be formed to be a basic structure, responsible for steering the machinery of the expected conflicts. It will consist of five representatives of the Member States, on the level of Ministers of Foreign Affairs and the Arab League Secretary General; to be presided by the Minister of Foreign Affairs of the country presiding the Arab League Council Ordinary Session.
- This machinery will assume the responsibility of quick intervention for the prevention of any disputes or conflicts between Arab countries. In a further stage, it will manage and settle these conflicts by using peaceful means. However, in case of being unable to attain the previous target, by using the Arab League's potentialities, it is then possible for this machinery to co-operate with the United Nations to encompass the conflict and supervise the peace process maintenance in reference to international legislation
Administratively:
The administrative development of the Arab League focuses on developing the status of the General Secretariat. It is however, noteworthy, that this structural or institutional dimension is totally related to the cause of Charter amendment, established as an important item in a number of Arab Summits' agenda, without meaning the conformity between both parties. For instance, the Rabat Summit has formed a quadrilateral Committee in 1974, authorizing it to prepare a study relating to the League development, to be presented to "the Eight Arab Summit Conference". Whereas it also asked the Tunis Summit held in 1979 to re-structure the Arab League, so as to effectively function and thus move steadily on sound new basis.
However, the Dar Al-Baidaa Summit held in 1989, has referred in its final communiqu? to the urgent need to develop the structural and administrative organization of the League of Arab States.
Finally, the Amman Summit held in 2001, has authorized the Secretary General, Mr. Amre Moussa "to undertake the necessary steps". It also suggested laying down the suitable forms necessary for the reformation of the financial, administrative organizational situations of the Arab League General Secretariat, for restructuring purposes, as well as for promoting its working performance techniques, while enabling it to acknowledge its national requirements and accompany the latest developments taking place on the regional and international arenas.
It goes without saying that developing the Arab League General Secretariat Body, for which the Secretary General is totally responsible and devoted, is not a personal request; but will rather be an instrument that will serve as an introduction to activate the General Secretariat's performance, for further vital duties, which it is expected to carry out. In future. What is more important, is that it is an indispensable basic step towards the development of the League of Arab States as an entity and as an organization that crystallizes the Arab Union. It is considered a step towards the reinforcement of the targeted aspiration and the expected objective, namely: the pivotal role played by the Secretary General, within the framework and along the history of the Arab League.
Structure:
The basic structure of the League of Arab States -as stated in its Charter- consists of 3 main departments, namely: "The League Council - Permanent Committees and the General Secretariat". Along with the other established bodies provided for "Joint Arab Defence Treaty", that was ratified in 1950. In other words, these bodies have been previously referred to and which have been established by virtue of resolutions issued by the League of Arab States Council, on the part of "The Exploitation of River Jordan and Tributaries Associations" - "IDCAS" and "The Arab Forestry Institute" etc?
Furthermore, the Arab League has established or promoted the establishment of specialized agencies aiming at gathering the economic and social activities to function on technical basis, as well as ridding it - in a way or another- from the political complications. Further to the Ministerial Councils, mainly concerned with health, tourism, and security.
However, in accordance with the statements, provided for in the Arab League Charter, reference will be made to the 3 basic bodies, as stated in the Arab League Charter, to be as follows:
The Arab League Council:
This Council is considered as the Supreme Authority functioning within the Arab League. It consists of all the Arab League Member States representatives, including the Palestine Liberation Organization. But however much are the number of representatives, yet still everyone of them will have to vote. While taking into account, that the Member States have the right in determining the level of representation, they prefer, which may be promoted to the level of Heads of States or may be less in degree. This, of course, will not change the Council's nature. However, in accordance with the Arab League Charter the Council will be endeavored to realize the following objectives, namely:
- Undertaking the necessary measures to set back the actual or expected aggression, that may befall any Member State.
- Peaceful settlement of conflicts, as for example mediation or arbitration.
- Laying down the basic internal statute of the Council, permanent Committees and the General Secretariat.
- Determining and adopting the Member States' quotas in the Arab League Budget.
- Appointing the Secretary General of the League of Arab States.
- Determining means of co-operation with International Organizations so as to maintain international peace and security.
- Carrying out the agreements ratified by the Member States, in various fields.
The Permanent Committees:
The Arab League Charter (Article 4) stipulates the formation of a number of permanent committees, concerned with all forms of co-operation between the Member States. These committees had to be increased in number and modernized, so as to keep pace with the new developments, occurring to the Arab-Arab relations, as was the case with the political Committee, emerging from the practical practice and was not a direct result as clearly stated in the Charter.
However, the representation policy designed for the permanent Committees, will be as follows: "each permanent Committee will be represented by one single representative having one single vote for each country, separately". Accordingly, the Council will appoint one Chairman for each committee for a period of two years, liable to extension. In this context, the committees' meetings will issue its resolutions, according to the Member States majority votes, while taking into account that the Committees, meetings will not materialize, except by the presence of the Member States majority. Furthermore, these committees will enjoy the right of forming sub-committees, to be concerned with specialized technical affairs. It will also have the right to recommend for calling upon the Arab League Member States, to pass over their experience to these committees vis-?-vis the adjustment of their performance and whenever needed.
In pursuance, reference can be made to its role in accomplishing various draft treaties, ratified by Member States which are part and parcel of it. This is a part from other treaties, namely: "joint Defence- Economic Co-operation - Arab Union - Criminals Delivery and the Protocol of treatment of Palestinians in Arab Countries".
General Secretariat:
The Arab League Charter (Article 12) organizes the status of the Arab League General Secretariat. It has been referred -in this respect- that it would consist of a Secretary General -Assistant Secretaries General with a 2/3 majority of votes and for a period of 5 years, to be renewed on regular basis.
However, upon the approval of the Council, the Secretary General will be responsible for the appointment of the Secretaries General and the principle employees in the League. Thereupon, the post of the Secretary General of the League of Arab States has been in successive rotation for 6 Secretaries, namely: Mr. Abdul Rahman Azzam, Mr. Mohamed Abdul Khalek Hassouna, Mr. Mohamed Riyad, Mr. Al-Shazly Al-Kaleiby, Dr. Esmat Abdul Magiud, and Mr. Amre Moussa, who has been appointed as Secretary General in 2001. The basic statute highlight the responsibility of the Secretary General to be defined as:
Political responsibilities
- The right to attend the Arab League Council, and take part in discussion of matters, presented to it.
- The right of the Arab League representation in international organizations.
- Calling upon the Arab League Council and its related permanent Committees, to hold meetings.
- The right of drawing the attention of the Council or the Arab League Member States, to any subject, which the Secretary General considers important.
- Preparing the Arab League Budget
- Determining the Convention dates of the Arab League Council Session.
- The right to speak on behalf of the Arab League, as well as present the necessary data to the public opinion.
- Follow-up of resolutions adopted by the Arab League Council and its Committees.
- The tight to present verbal or written reports or data relating to any subject discussed by the Council.
- Organizing the related secretarial work.
It is noteworthy that the political aspect relating to the Secretary General's activity, has greatly developed along with the large scale, multi-dimensions and spheres of activities practiced by the League of Arab States.
Specilaized Ministerial Councils
Specilaized ministerial councils are the following
- Council of Arab Ministers for Electricity
- Council of Arab Transportation Ministers
- Council of Arab Ministers for Health
- Council of Arab Ministers for Youth and Sports
- Council of Arab Housing and Constrcion Ministers
- Council of Arab Justice Ministers
- Council of Arab Ministers for Social Affairs
- Council of Arab Justice Ministers
- Council of Arab Ministers for Communicatios
- Council of Arab Ministers for Environmental Issues
- Council of Arab Ministers for Tourism
Arab Unions
Arab unions are the following
- General Arab Insurance Federation
- Arab Union Of Land Transport
- Arab Sea Ports Federation
- Arab Federation Of Chambers Of Shipping
- Arab Association of Medical & Drug Equipment Manufactures
- Arab Association of Fish Producers
- Arab Association of Cement and Construction Materials
- Arab Association of Leather Works
- Arab Association of Iron and Steel
- Arab Association of Railroad Authorities
- Arab Association of Food Industries
- Arab Association of Maritime and Port Authorities
- Arab Association of Chemical Furtlizer Producers
- Arab Association of Maritime Carriers
- Arab Association of Textile Industries
- Arab Ouer-Land Transport Association
- Arab Association of Engineering - Industries
- Arab Association of Printing and Paper Industries
- Arab Association of Air Transport
- Association of Arab International Airports
Role:
Along its very rich and successful history, the League of Arab States was able to play four vital key roles that could be briefly referred to, as follows:
Sharing the efforts exerted by the Arab countries to gain independence. Hence, emerged the role played by the Arab League, in this respect; as for example, in consolidating the liberation moves and efforts undertaken by countries, such as Algiers, Sultanate of Oman, South Yemen (before Yemen Unity) and the Sudan. Accordingly, such a vital role was the direct and main season for the enlarged scope of the Arab States Membership in the Arab League in comparison to the old Membership. It now comprises 22 Arab countries, whereas, the total number of signatory states to the Founding Charter, did not exceed 7 countries.
Representing the Arab countries in various arenas and international organizations, as for example the United Nations and its Specialized Organizations, as well as the Organization of African Unity (OAU). While -at the same time fostering bonds of co-opertation with the latter, with the purpose of forming a sector of common institutions such as: "The Arab Bank For Development in Africa" "The Arab Fund for Loans", a part from the important role played by the League of Arab States, as a basic party in the dialogue with Europe, during the Seventies.
Promoting the Arab-Arab co-operation between the group of specialized Organizations, formed on various levels, within and without the scope of the Arab League.
In this context, reference should be made to the Arab Organizations that have been established within the frame work of the League of Arab States. While taking into account that scope of activities has extended to focus on matters relating to manpower, economic and social development, scientific and cultural affairs, means of communication and information. However, some Organizations such as "The Arab Labor Organization" "The Arab Fund for Economic and Social Development" The Arab League Educational, Cultural and Scientific Organization (ALESCO)" "The Arab States Broadcasting Union (ASBU)" and "The Arab Permanent Telecommunication Committee and the permanent Arab Postal Committee working within the framework of "The Arab Telecommunication Council of Ministers (ATCM)" have developed the means of expressing all these interests and activities.
The League of Arab States has exerted remarkable identified efforts in regular and continuous coordination with its various affiliated bodies, so as to activate the Arab Trade Union Labor. This has motivated the rise of "Arab lawyers, doctors, journalists, juries and workers Unions etc?
. - Taking part in the Peaceful settlement of some Arab-Arab conflicts, as for example: the Egyptian -Sudanese conflict in 1958, the Moroccan - Algerian conflict in 1963 - the Yemeni- yemeni conflict in 1987.
It is quite remarkable that the Arab League's capacity, in this respect, was related to the conflicting parties' degree and acceptance to the role it is designed to play.
However, the importance of this point lies within the scope of the well known fact that the Arab League's authority does not boost that of the Member States. Yet, while speaking about the Kwaiti-Iraqi conflict 1961, the Arab League has formed a temporary security force. It has also developed the diplomacy of the Arab Summit Conference.
