Month: November 2024

Refugee report


Europe still struggles to deal with refugees coming to its shores

November 2024

This month’s report is Eurocentric. Hopefully we can look at the wider aspects next time, as we become clearer about the new US President’s plans for widespread deportation (and also the Australian government’s battle with the courts).

The government’s proposals on the small boats crisis remain unclear at the moment. Apart from the Prime Minister’s curious assertion that the people smugglers constitute a threat to national security, things continue much as before. The total number of arrivals so far this year is over 32,000, 22% up on last year (but still below 2022). Worse overcrowding on the boats is partly responsible for 64 migrants dying at sea this year (5 times last year’s total). The government has agreed improved intelligence exchange with three Balkan countries and has pledged £150 million for the proposed Border Security Command.

Within the Home Office It is suggested that there is some doubt as to how the new Command will work. Lizzie Dearden in the i reports that the fear is that the more the authorities clamp down the more risky the methods used by migrants and that a new approach is the best solution. Nevertheless, the Home Office is recruiting a head for the proposed National Returns Progression Command, a body intended to take control of deporting unsuccessful applicants for asylum status.

There has been much concern about the use of the term “illegal arrival” as per the 2022 Nationality and Borders Act. Anyone guilty of “facilitation” (which includes steering a boat) is liable to up to life imprisonment, and cases have been reported of this happening. Since the Act came into force there have been 471 arrests, 233 of them for taking the tiller.

An aspect of the difficulties within the system is the lack of available legal aid. The Joint Council on the Welfare of Immigrants is urging a reform of the legal aid system, arguing that a functioning system would be much cheaper for the public purse than the present approach.

According to the French charity Utopia 56 there are still some 2,000 migrants on the Channel coast in France.

The Institute for Public Policy Research have observed the need to consider the demand side of the equation, to see why so many are fleeing their countries of origin: ”In order to have an effective response you need to go beyond enforcement.”

Elsewhere possible solutions to the problem are being considered. In Switzerland, since 2019 a new approach has been tried: the main aim is to target a total of 140 days for the complete processing of applications, while not cutting corners. The three critical issues are:

1. to have enough decision makers

2. fast streaming easier cases and moving more difficult ones to a different process and

3. ensuring access to lawyers.

Meanwhile in Spain a more friendly attitude to arrivals is being pursued, both for the economy and to allow family reunions. The Spanish government is opposed to what it terms “Melonisation”, the Italian plan to offload migrant processing to Albania.

Human Rights Watch have a piece noting that discerning the popular attitude towards refugees very much depends on the question asked. People are more sympathetic when it is phrased in terms of what would happen to deported asylum seekers rather than immigrant numbers arriving here.

Finally, a success story of an “illegal” migrant:

An immigration lawyer reviews Paddington in Peru: A very British bear – Free Movement

Andrew Hemming

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Death penalty report – November


November 2024

We are pleased to attach the bi-monthly report on the death penalty around the world prepared by group member Lesley. A lot on the US this month as there is a lot of activity, certainly in the southern states, at present. In view of the recent presidential election, it is worth noting that although there is a lot of ‘noise’ about President elect Donald Trump’s desire to ramp up the use of the penalty, what frequently matters is what happens at state level. Who the governor is and his or her attitude to executions matters more than federal attitudes.

Note as ever that China does not feature although it is the world’s biggest executioner, details and statistics are a state secret.

Death penalty report October – November (mid). WordDownload
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Anniversary supper


November 2024

Some members of the Amnesty group met last evening to celebrate the 50th anniversary of its foundation. We are, sad to say, the last surviving group in Wiltshire. As we have noted before, the founders in 1974 may have thought that human rights were now a part of the political agenda and that it might naturally wither on the vine especially when the Human Rights Act became law in the UK. That has not been the case and the need for vigilance is ever present.

The world situation is dire for millions in countries like Burma where the minorities such as the Rohingya are persecuted; China where the Uyghurs and Tibetans suffer monstrous persecution; sub Saharan Africa where wars rage and millions flee or are driven from their homes; Syria – although quiet at present – has been a country where large numbers have been killed or driven from their homes and currently, the Middle East where a fearsome death toll and suggestions of ethnic cleansing are taking place in Gaza.

In the UK, hostility to the HRA is ever present and was a fixture of Conservative party policy for some years. Only yesterday we reported on a Daily Mail article which gave its readers only partial details of a report critical of the HRA produced by a secretive think tank. Several of the tabloids and the right wing press generally have maintained a steady stream of anti human rights stories suggesting the act is a get out of gaol card for criminals, terrorists and assorted ne’er-do-wells.

The They Work for You website reveals that both local MPs – John Glen and Danny Kruger – generally vote against human rights proposals. Kruger has written often on this subject and we have reviewed some of his activities on this site. The last Conservative government passed several pieces of legislation to limit protests and giving more powers to the police to arrest people taking part in protests. Indeed, the issue of arrests of journalists was part of the last Salisbury Democracy Café debate on Saturday 9th.

Both internationally and in the UK, the continuing need for a spotlight on human rights issues is vital and the group hopes to carry on with this work in the years to come. We always welcome new members and the best thing is to follow this site or Facebook (salisburyai) to see what we are doing and come along and make yourself known. Oh, and we had a very enjoyable meal!

Pic: Jane Miller

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Report critical of human rights


Report published by Policy Exchange claiming the HRA has curtailed the rights of Parliament

November 2024

Slightly amended 13 November

An article appeared in the Daily Mail on 11 November under the headline ‘Rights Act ‘curtailed power of Parliament ”. It said ’eminent lawyers have compiled a dossier of 25 cases where the Human Rights Act was applied and have shown how its use removed power from Parliament’. It continued that ‘power once held in Westminster is increasingly being transferred to the European Court of Human Rights in Strasbourg’ and quotes the example of the government’s wish to deport ‘illegal’ immigrants to Rwanda which was frustrated at the last minute by the Court.

The Mail did not tell its readers however, who produced this report and a reference does not appear in the online version either. It was in fact written by the Policy Exchange and published on 11th. The organisation promotes itself ‘as an educational charity [and] our mission is to develop and promote new policy ideas which deliver better public services, a stronger society and a more dynamic economy‘.

The problem is that the Exchange is an opaque organisation and does not reveal who funds it, does not reveal funding on its website nor tells us the amounts given by funders. Open Democracy is very critical about the secretiveness of this organisation, its ‘dark money’ and its influence in government both with the Conservatives and now, it alleges, Labour.

It was revealed by Rishi Sunak who admitted that Policy Exchange received funding from US oil giant ExxonMobil who helped the government write its draconian anti-protest laws. It serves as confirmation by the then prime minister of Open Democracy’s revelations that last year’s controversial policing bill, which became the Police, Crime, Sentencing and Courts (PCSC) Act, may have originated in a briefing from Policy Exchange. The organisation has form therefore in being hostile to rights and protests. It is curious that the Daily Mail, in the vanguard in promoting parliamentary sovereignty and a powerful force in the Brexit debate, failed to mention the influence of American money believed to be behind several of this and other think tanks. Quite where is this ‘sovereignty’ they are keen on?

The limited information provided to Daily Mail readers meant they are unaware of who funds these reports or the motives of the assumed funders (if indeed ExxonMobil are one of the funders). The report’s arguments are thin and present the reader with the notion that human rights were amply protected by our common law and there is no need for this ‘foreign’ court. Were that so and the victims of Hillsborough for example might disagree having been let down by the courts, the police and elements of the media in their search for justice. They finally achieved justice partly with the aid of the Human Rights Act so despised by the Mail. There are many victims of injustice who have found our institutions to be less than favourable to their interests – the Post Office scandal anyone?

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49th Vigil in Salisbury


November 2024

The 49th Vigil took place in Salisbury yesterday (9th November) and despite being on the cold side, 40 people attended for the half an hour. The Vigil attracted a lot of attention from passers by. There is a short video. Our previous post discussed the situation in Gaza and the recently published UN report. In the post we said that if a response from Israel came to hand we would amend the post as appropriate. Today (10th) there is no mention of the report.

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Gaza: UN publishes grim report


UN publishes six month report on the conflict in Gaza

November 2024

The UN Human Rights chief said that there has to be a “due reckoning” for the horrific violations, possible atrocity crimes in Gaza. The report is critical of both Hamas and Israel for their actions although the bulk of the criticisms are directed at Israel and the IDF. The report covers the period 1 November 2023 to 30 April this year so does not include more recent events.

It notes that Palestinian armed groups had committed serious violations of international law on a wide scale, including attacks directed against civilians, killing and mistreatment of civilians, destruction of civilian objects, and taking of hostages, which amount to war crimes. These relate to the initial attack on 7 October 2023.

Many defenders of Israel’s actions have focused on the October attack as the start of the current conflict. The UN says that “it is also important to note the longstanding human rights impacts of 57 years of Israeli occupation of Palestinian territory in Gaza10 and the West Bank, including East Jerusalem, and a strangulating 17-year blockade and closure of Gaza”. Gaza was effectively an open air prison during these years with limited access to the outside world. There is no port or airport and the territory is surrounded by checkpoints.

There are arguments about the death toll with claims by Israel spokesmen and women that the statistics cannot be believed as they are produced by Hamas. The report is dated of course but the reported death toll is now around 43,000. Even in the first six months, the UN observes that thousands of bodies are unaccounted for. The quoted figures are likely to be very much an underestimate. Grim footage on Channel 4 news (8 November) shows attempts to collect body parts after a raid. The report analyses the death toll and an alarming graphic shows that the highest death toll is in the 5 – 9 year cohort with the next highest 10 – 14 (Paragraph 14).

A doctor working for MSF is quoted as saying “the scale of destruction in Gaza is unprecedented. The sheer amount of ordinance dropped dropped in such a small area is staggering. […] I have worked in many wars but Gaza has changed me. It’s not just another conflict zone; it’s a place where the very essence of humanity is under siege”. (MSF newsletter, November 2024). Byline Times reports that 70,000 tons of munitions have been dropped on Gaza, the rough equivalent of of the nuclear bombs dropped on Hiroshima and Nagasaki combined (November 2024 Eyeless in Gaza p41)

It’s a place where the very essence of humanity is under siege

An alarming claim is evidence of the use of white phosphorous on six occasions. This dreadful weapon causes immense harm and suffering. White phosphorus is an incendiary chemical that can cause particularly horrific and painful injuries, including extensive and life-threatening burns on human tissue and other debilitating health effects that can last a lifetime or lead to a slow and painful death. As a remnant of war, white phosphorus has a particularly severe environmental impact, leaking into water and sediments and risking further damage to Gaza’s water, food and the environment. So far as we are aware, this has not been reported on in the British media.

Further aspects comment on the killing of journalists in addition to preventing foreign journalists from entering the area. More journalists have died in this area than in any other. This means independent testimony and justification of both sides claims hard to verify.

Throughout the conflict, Israel has justified the bombing and destruction of huge swathes of Gaza by claiming that Hamas are using civilians, hospitals and schools as ‘human shields’. This justification has been repeatedly used by Israeli spokespeople. The UN says that evidence of this activity has not been provided. After over a year of the hostilities, one would have expected evidence of this oft repeated claim to have emerged.

The ‘Generals’ Plan’ is to clear all residents of northern Gaza and Haaretz reports that no Palestinians will be allowed to return, a confirmation of the plan. The question is whether the killings constitute genocide under article II (a) and (c) of the Genocide Convention.

We have attempted to provide a response to the UN’s report but none has so far appeared on outlets such as Haaretz and the Israel Foreign Affairs site [accessed 9 November]. This latter contains an item about the violence in Amsterdam but no reference to the UN report. The Ambassador to the UK was interviewed on the BBC World at One programme on 8 November and simply disputed the figures by both Hamas and the UN. [If a response to the UN report by Israel becomes available this post may be amended].

The report provides a grim account – made worse by subsequent events – of indiscriminate attacks on a wide range of infrastructure, the limitation of food and medical equipment allowed into the area, together with reductions of water and other essential services. Israel is able to continue the violence at a wholly disproportionate level with the aid of western countries which provide both diplomatic cover and the supply of arms. Sir Keir Starmer, then leader of the opposition, stated in an interview on LBC in October last year that ‘Israel had a right to cut power and water to the territory’ one of the more disgraceful comments by a political leader. In an interview with the Jewish Chronicle he also declared that criticisms of the Israeli government policy of apartheid was ‘no part of Labour party policy’. The UK continues to supply arms and intelligence from Cyprus. Declassified notes that 13 out of the 25 Labour cabinet receive funding from Israeli lobbyists. Israel’s banning of journalists from entering the area combined with feeble reporting has played a part in enabling this tragedy to continue.

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The World Cup and sportswashing


Major law firm heavily criticised for a whitewash report on Saudi Arabia

November 2024

The 2034 World Cup is to take place in Saudi Arabia a country with a huge range of human rights issues. Women have restricted rights both in law and in practice. They are prevented from participation in sporting activities. Human Rights defenders are routinely intimidated or arrested on spurious charges. There is no religious freedom. There is a heavy toll of death sentences usually by beheading in public. By September 2024, 198 had been executed. Torture is common and suspects are kept for long periods often in solitary confinement without legal representation. Altogether a Kingdom where few freedoms or human rights exist.

FIFA, the world governing body, has been racked by years of controversy and corruption allegations. It would hardly be surprising therefore if the decision to host the 2034 competition in Saudi – following the massive scandal of the Qatar competition – was not accompanied by some corruption or other shady activities.

Enter Clifford Chance, a major London law firm with apparently a good reputation. They have produced a 39 page report in support of the Kingdom which somehow misses the key issues and the multiple human rights infringements. Clifford Chance, along with many other organisations, has a range of fine words praising their high principles. ‘[We] are committed to the highest ethical and professional standards’ they claim. ‘[We act] with integrity, professionalism and fairness.‘ As a firm ‘we have agreed to support and respect internationally recognised human rights both as part of our own commitment to the UN Global Compact and consistent with the UN Guiding Principles.’

So how, it might be asked, does a law firm with such principles and policy statements come to write a report which seems to overlook the massive infringements taking place in the Kingdom? It helps if you do not ask those in a position to know such as the many human rights organisations who have produced report after report detailing the dreadful state of human rights. Instead, you ask the Saudi sports authority itself, SAFF, who helpfully identified the five human rights ‘focal points’ for the (allegedly) ‘independent’ assessment. Reading the 39 pages there is no mention of the multiple human rights infringements which regularly take place in the Kingdom.

The report has produced a ‘shitstorm’ in the Clifford Chance headquarters

The report is nothing short of a disgrace. It is reported that it has produced an ‘internal shitstorm’ in the London headquarters. Eleven human rights organisations have condemned it. A common response to criticisms such as these is that sport enable a better understanding of human rights through sport. Global Citizen is a champion of this view. The difficulty with this idea, noble though it is, is that sport is being used by the likes of Saudi to promote – not human rights and brotherhood – but its own interests.

Another issue is the kafala system which immigrant labour works in desperate conditions for 16 hours a day sometimes in searing heat. The death toll is enormous and it is reported that 21,000 Nepali, Bangladeshi and Indian workers who have died in Saudi since the Vision 30 plan was launched in 2016. The Clifford Chance report dances around this issue with a host of weasel words.

And we must not forget the murder and dismemberment of Jamal Khashoggi almost certainly on MBS’s orders.

But should we be surprised? The Kingdom has enormous wealth and company after company is happy to do business there and hold their noses whilst doing so. Why should Clifford Chance be any different? It is alleged that the firm facilitated the removal of fortunes from 400 citizens who were locked in a hotel by Mohammed bin Salman. It is claimed £100bn was removed from them. The enormous wealth of the Gulf states has profited many European and American corporations eager to benefit from the largesse. Any moral scruples seem all too easily to be set aside. That a major law firms should join this jamboree is deeply disappointing. Thousands will die during the course of construction. Hundreds more will be detained without trial. Hundreds will continue to be beheaded. Whatever happened to those ‘highest ethical and professional standards?’

All this in aid of football. The ‘beautiful game’ has become mired in sleaze, corruption and graft. It has now dragged down a respected law firm in its quest to earn big fees.

[UPDATE: 15 November. Inside World Football reports that FIFA deliberately agreed with Saudi to limit the scope of the report into human rights.]

Sources: Amnesty, FIFA, Clifford Chance, The Guardian, New York Times, The Observer, Inside World Football.

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Peace Vigil No 48


November 2024

The 48th Vigil for peace in the Middle East took place yesterday and with the change in clocks, we were back to candles. About 40 were in attendance, the strongest turnout for some time. Also, a stronger contingent of young people. It is amazing to note the numbers – which do fluctuate – remain high.

Events in the region show no sign of a let up. Bombing continues in both Gaza and Lebanon. Commentators are reporting that the “General’s Plan” of clearing north Gaza of Palestinians seems to be happening despite denials. Such footage as emerges is shocking. With Unwra to be banned from the area and no other agency with the scale or infrastructure able to take its place, the future looks truly grim. So much now depends on the US election in a few days time. If Trump wins and becomes president in the New Year, then it seems unlikely any pressure will be put on Netanyahu to compromise. The future if Kamala Harris succeeds is less predictable as she has had to moderate her views in the light of the Jewish vote in the US.

More media outlets beginning to refer to Israeli actions as ‘genocide’. It is worth reminding ourselves what genocide is and the UN definition is:

The Genocide Convention establishes in Article I that the crime of genocide may take place in the context of an armed conflict, international or non-international, but also in the context of a peaceful situation. The latter is less common but still possible. The same article establishes the obligation of the contracting parties to prevent and to punish the crime of genocide.

The popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements:

  1. A mental element: the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”; and
  2. A physical element, which includes the following five acts, enumerated exhaustively:
    • Killing members of the group
    • Causing serious bodily or mental harm to members of the group
    • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
    • Imposing measures intended to prevent births within the group
    • Forcibly transferring children of the group to another group

As we have noted before, the issue of intent is important. A number of agencies and organisations have concluded that there is sufficient intent to conclude it is genocide.

The death toll in Gaza is around 43,000. Over 100,000 have been injured. Over 1,200 have been killed in Israel.

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