Author: welland2

Twilight of Human Rights Law


Edited: 10 April 20

We have chosen to review the book Twilight of Human Rights Law by Prof. Eric Posner (OUP) as it appeared in an article by Britain’s new Attorney General, Suella Braverman.  She refers to one of his arguments in a newspaper article.  In addition, the many attacks on human rights and the desire to abolish the Human Rights Act is part of current government policy.

The first part of the book is a tour d’horizon of the many failings in human rights around the world.  He instances massive violations in places like Rwanda, the appalling treatment of the Rohingya in Myanmar, the terrible events in Chechnya and many other places around the world.  He rightly points out that although countries have signed up to treaties to abolish the use of torture, it is still widely practised.  He points to bad police practice in countries like India, Brazil and Indonesia.  Slavery is still the curse it ever was but organised in a different way.

International treaties have had little effect he says in improving behaviour.  In a small number of cases it has he concedes.  He discusses the imperialist criticism of western states seeking to impose their moral compass on other countries based on attitudes dating back to colonial days.  He instances the use of torture by the Americans at Guantanomo Bay following 9/11.  This was supported by a majority of Americans and thus challenges their claims of moral leadership.

The argument seized on by the Attorney General is that of a trade-off as far as the use of torture is concerned.  The argument here is that many countries have limited resources.  They have a choice between spending money on improving the police and stopping torture or, investing in health care or education.  Since better health care and education is likely to be of greater benefit to more people, it is a preferred option.

THE book is flawed in many important respects.  Although the arguments he provides and examples of failure and continuing violations and bad behaviour by many states around the world are true enough, it is not true to say that there have been no improvements in the human rights everywhere.  One of the problems is that transgressions are news: steady improvements aren’t.  So we read or see TV programmes about violations or genocide for example, but not small improvements in say, Russia.

The argument about torture assumes that there is an economic equivalence between improving police behaviour and education spend.  The two are likely to be vastly different.  Improving police behaviour and that of the judiciary would cost millions, education costs significantly more than that.  Moreover, education is a continuing cost, sorting out the police is more likely to be a one-off cost.  Getting rid of torture is likely to have benefits to society.  The police are trusted then they will get more support from the public.  He gives no credence to the fact that torture is ineffective.  People will say anything to get it to stop.

Another unconsidered factor is the very cost of running a police state.  To run a state like China where human rights are flouted on a massive scale, is immensely costly.  The Chinese monitor movements of its people, they have a vast system of tracking the worldwide web to ensure its citizens do not read what the state doesn’t want them to, and they employ a huge army of police and informers.  They have invested heavily in cameras and systems to watch its people’s movements.  It is not true to assume therefore that improving human rights is somehow automatically more costly than the politics of repression.

As AC Grayling puts it in his book Ideas that Matter (Weidenfeld & Nicholson, 2009);

The ideas embodied in all these human rights instruments have a powerful influence on thinking and behaviour, even if violation of them continues: hope has to lie in the future as these ideas become more widespread and more influential still.  (p179)

Although Posner gives a good summary of human rights, especially since the war, he does not discuss the longer history since Magna Carta. There has been a trend over centuries of citizens gradually acquiring more rights.  The European Court has, slowly but surely, done a lot to raise standards as has the International Criminal Court.  Nor does he credit the fact that the presence of treaties is an important support for people pressing for better rights in those countries where they are poor.  The many human rights organisations are able to pursue their arguments and press for changes precisely because there is a corpus of treaties and law to base their actions on.  The point overlooked by the professor is that the treaties enable action within the country itself.

He also makes great play of the numbers of treaties and long list of rights, which he says, renders them less effective.  He lists them all in an appendix but upon examination, many are restating the same points.  He seems to overlook the vast number of laws which govern most states.  These are constantly added to as new problems emerge or old problems need solutions, the Children Act for example.  The number of laws do not make improving society less effective – quite the opposite it could be argued.

Perhaps because Prof. Posner is a lawyer but he sees progress purely through the lens of law and treaties.  He does not take into account that laws are just one part of the equation.  A considerable amount is done by persuasion, human rights activists, diplomats and others (including Amnesty members) beyond pure legal action.

Overall, despite the long list of problems and failures, he does not convince that it is twilight for human rights.

Human Rights tableau, France
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Message from Amnesty


We are posting this message from Amnesty HQ concerning the pandemic crisis and human rights:

[I] hope you’re well and coping with the changes to daily life the Covid-19 crisis has brought.

It’s more important than ever that we look out for our family, friends, neighbours in these difficult times, and that we show appreciation and stand up for the rights of those most at risk during this crisis. In this email there is a solidarity action to support the workers who are keeping the country going at this time of national crisis, which we hope the whole family can get involved in. We’ve called on the government to ensure that health workers have appropriate protective equipment and are looking at how best to support and advocate with and for groups most affected by the crisis over the coming weeks and months.

We are concerned about the likely increase in domestic violence during this period as people are required to stay in their homes. Migrant women are at particular risk, as they are often unable to access the safety and support they need. Together with the Latin American Women’s Rights Service, we have written an open letter to the Home Secretary calling for emergency support for migrant victims of domestic abuse, and there’s a template letter below on this issue that we hope you’ll be able to send to your local paper.

We are monitoring the international situation carefully – Syria recently officially confirmed its first case of the disease. In a country in which only 64% of hospitals and 52% of primary healthcare centres were fully functional at the end of last year, and with thousands in detention in appalling conditions, the impact of an outbreak there would be catastrophic. Meanwhile, in Colombia, we have called on the authorities to implement a strategy for the prevention of COVID-19 infection in its dangerously overcrowded prisons. Have a look at the website for more on how we’re responding to the crisis https://www.amnesty.org.uk/coronavirus

There are many reasons to be anxious right now, but recent weeks have also seen incredible acts of kindness and humanity in communities all over the world. Showing solidarity with those in difficult circumstances is what Amnesty has been doing since the beginning, and it’s needed now more than ever. By looking out for each other, coming together in our communities to support people most at risk, we can help each other to get through these difficult times, and continue to build a stronger movement for the future.

Action to protect and promote human rights is vital right now. Please do stay in touch with each other and continue to hold group meetings, via video call or telephone conference. Please see below for instructions on how to use Zoom for meetings. It’s a video conferencing app but you can also dial in as a phone call. If you would like to use our teleconferencing service, please let us know and we can send you the details.

We plan to send email updates every two weeks during this period – they will contain a variety of campaign or solidarity actions, links to online courses, suggestions of things to do to keep busy at home and more.

With best wishes to our supporters and followers.

 

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Supreme Court finds against UK government


The Supreme Court in the UK has found against the government’s decision to provide information to the USA to facilitate prosecution for crimes carrying the death penalty

In a unanimous decision delivered yesterday, 25 March 2020, agreed that the British government acted unlawfully in providing, or agreeing to provide, information to the United States without seeking assurances that the death penalty would not be imposed.  The USA is the only country in the Americas which retains the penalty and we have highlighted in many of our posts, the poor legal process, countless mistakes and lack of proper protection for suspects during interrogations.

This appeal concerned two individuals, Shafee El Sheik and Alexandra Kotey (nicknamed the ‘Beatles by parts of the UK press at the time) who were alleged to be a part of terrorists operating in Syria and who were involved in the murder of British and US citizens.

In a press release by the Death Penalty Project they say:

It has never been in dispute that Mr El Sheik and Mr Kotey should face trial for the serious crimes alleged against them, but any trial, if it is to take place, should be held in the UK.  We intervened in this case because we believed the earlier actions of the UK government were contrary to its long-standing approach on the death penalty and could lead to a death sentence being imposed or carried out.  The importance of this decision is wider than just this case.  It has implication for any individual who may be facing the death penalty and concerns what assurance the UK government must seek before deciding what help or assistance it may give.  there are fundamental issues concerning the right to life.  Parvais Jabbar, Co-Executive Director 

It is interesting that one of the motives for leaving the EU was to ‘take back control’ and to be free of he judgements of the European Court.  Yet the government has shown itself all too craven when it comes to ceding power to the US justice system.

Arguments went on about where to prosecute them and the CPS had amassed a considerable body of evidence, sufficient for a trial to take place in the UK.  Amnesty is opposed to the use of the death penalty in all circumstances.  The use of the penalty was abolished in the UK over 50 years ago.

 

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Meeting minutes


We had a short meeting this month because the meeting date coincided with the Evensong at the Cathedral.  The minutes are attached with thanks to group member Lesley for preparing them.

March minutes (Word)

The two speakers from south America at the SW Regional conference (Pic: Salisbury Amnesty)

 

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Cathedral Evensong


Annual Evensong held in the Cathedral

Update: 14 March.  Ben Rogers has kindly sent us the text of his talk which is attached at the bottom of this post.

The Salisbury group is grateful to the Cathedral for holding an Evensong once a year marking the work of Amnesty International and enabling us to nominate a speaker during the course of the service.  About 60 attended last nights service.  For many years the Cathedral has provided space for the group to display each month an appeal for a Prisoner of Conscience.  This month it is Ahmed Mansoor a human rights defender and POC who is in prison in Abu Dhabi.  The Cathedral has a window dedicated to the work of Amnesty.

We were delighted to invite Benedict Rogers (pictured) to speak who, among other things, has a particular interest

Ben Rogers at Salisbury Cathedral (picture, Salisbury Amnesty)

in North  Korea.  Ben is East Asia Team Leader of CSW, a Christian charity which promotes religious freedom around the world.

He said that the UN regards North Korea to be in a category all of its own as far as human rights are concerned.  It violates every single human right.  As a member of CSW, they were the first to call for a commission of enquiry and two years later in 2014, the UN did so.

The gravity, scale and nature of abuses has no parallel in the modern world he said.  The report found that:

North Korea had committed crimes against humanity and manifestly failed to uphold its responsibility to protect. These crimes entail “extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation.  Source, Wikipedia

In 2007, CSW produced a report A Case to Answer.  A Call to Act which concluded that the human rights situation in North Korea was a crime against humanity.   Although things seem bleak, he said there were some glimmers of light.  In a recent report, Movies, Markets and Mass Surveillance, it was noted that North Koreans were getting more information about the outside world.  They were beginning to realise that life south of the border was better.  There was anecdotal evidence that prison guards did realise the world was watching.

The regime saw Christianity as a particular threat.  Anyone caught practising it faced severe punishment or could be executed.  If a carol was allowed it would only be ‘We three Kims of Orient are!’

Those who did manage to escape to China were sent back to face severe punishment in the prison camps.  There were around 200,000 thousand people in the prison camps he said.  He ended with the famous quotation mistakenly attributed to Edmund Burke:

The only thing necessary for the triumph of evil is that good men do nothing

Ben Rogers talk (Word)

 

 

 

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Monthly death penalty report


We are pleased to attach our monthly death penalty report compiled by group member Lesley.

Report: February – March (Word)

 

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Cathedral Evensong


PAST EVENT

Cathedral Evensong takes place this evening (Thursday 12th) at 5:30.  We are delighted to welcome Ben Rogers to give the address.  There will be an opportunity for participants to sign a petition on leaving if they wish.

Joining

If you were thinking of joining the group, this would be an opportunity to make yourself known even if you do not wish to take part in the service itself (Amnesty is not a religious group).  Several members will be around to great you.

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South West Regional conference


The SW Regional conference was held in Exeter on Saturday 7 March 2020

Four members of the Salisbury group attended the regional conference in Exeter yesterday, a truly

Some members in front of Exeter Cathedral

uplifting event.  We had four excellent speakers and we had a photo opportunity in front of the cathedral.

With all the talk from the current government, echoed in large parts of the press, of getting rid of the Human Rights Act and their desire to pull away from the ECHR, it was good to be among people who believe in the importance of these rights.  They are not there to help terrorists go free and to help hardened criminals escape justice which is the common refrain now, but to protect all of us in our everyday lives.  This is especially so as we do not have a constitution.

But one of the high spots was a young woman, Geraldine Chacón (below right) from Venezuela who is a human rights defender who was arrested by around 10 armed men and spent 4 months in prison before being released.  She has not been tried however so can be arrested again if and when she goes back.  The rights we take for granted were denied her.  No warrant for her arrest; no access to a lawyer; constant interrogations; never brought before a judge; no access to her family, particularly her mother who came every day but was not allowed to see her; and no charges brought. She was labelled a terrorist and her release was used to present the government in a positive light ‘look, we’re releasing terrorists’.  Calling anyone a ‘terrorist’ is the standard claim by nearly all authoritarian regimes for people who campaign for democracy, the rule of law and respect for human rights.

The two speakers from south America

She became an Amnesty ‘prisoner of conscience’ POC case and thousands of letters were written.  She said they made a difference.  She was feeling vulnerable and abandoned she said and the letters made her realise ‘you are not alone’.  The letters ‘made me brave because I knew I had you with me’.  She only knew there were letters as news of them had to be smuggled in: she was allowed no correspondence directly.  It was a very uplifting talk.  In all this denigration of human rights by sections of our media and some of our politicians, it was good to know the basic business of Amnesty’s work, did and does make a difference.

One of the other speakers was Laíze Benevides Pinheiro from Brazil (left).  She spoke of her work in Brazil and the threat and risk from the most dangerous police in the world.  In 2019, they killed 1810 young men most of whom were black.  The murder of Mariella Franco has polarised opinion but she said a network had been created to help people who were the victims of violence.

There was another talk on climate and its link to human rights which may be the subject of a future post.  Kate Allen (Director of Amnesty) also spoke about the future direction of Amnesty and the worries about the attitudes towards human rights by some in the current government.  This is a worry expressed on this site in previous posts.

A really worthwhile day and congratulations to the Exeter Amnesty group for organising it so well.

There will be an Evensong this Thursday 12 March starting at 5:30 in the Cathedral.

 

 

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Human Rights Watch report


This is an extract of the HRW 2020 report for Europe focusing on the UK.  Seeing all the issues grouped together in this way makes for shameful reading.

The UK’s planned exit from the EU (Brexit) strained democratic institutions and put human rights and the rule of law at risk.  In September, the government was forced by parliament to publish a key planning document outlining potential impacts of the UK leaving the EU without an agreement (known as “no-deal” Brexit).  Its publication raised serious rights concerns including those related to access to adequate food and medicine, fuel shortages, interruptions to social care for older people and people with disabilities, possible public disorder, and the risk of increased dissident activity in Northern Ireland. The government accepted that a “no deal Brexit” would have the greatest impact on economically vulnerable and marginalized groups.

In September, the Supreme Court ruled unlawful the government’s five-week suspension of parliament earlier the same month, leading to parliament’s recall.  The government was forced by law adopted by parliament in September to seek an extension to the UK’s membership of the EU aimed at avoiding a no-deal Brexit.  Government sources criticized the Supreme Court ruling and threatened to ignore the binding law requiring an extension request.

The extension was granted by the EU27, and the Brexit date at time of writing was the end of January 2020 (now taken place).  Parliament was dissolved in November after opposition parties agreed to a December 2019 general election (which had yet to take place at time of writing).

In May, the UN special rapporteur on extreme poverty published a report on the disproportionate negative impact of austerity-motivated spending cuts, combined with social security restructuring, on the rights of women, children, older people, and people with disabilities living on low incomes.

Reliance on emergency food assistance grew.  The country’s largest food bank charity network, the (Salisbury based)Trussell Trust, reported distributing 1.6 million parcels containing a three-day emergency supply of food across the country.  The Independent Food Aid Network reported that, at time of writing, at least 819 independent centres were also distributing food aid.

The UK continued to detain asylum seeking and migrant children.

In October legislation passed by the UK Parliament to decriminalize abortion and provide for marriage equality in Northern Ireland in 2020 came into force when the region’s devolved government failed to reconvene having been suspended since January 2017.

More than two years after the deadly Grenfell Tower fire in London that killed 71, there has been little accountability for the deaths or the fire.   In October, the findings of the first phase of the public inquiry into the fire were published, focusing on the day of the fire.  A criminal investigation was ongoing at time of writing.

In February, a new counterterrorism law entered into force, including measures that criminalize viewing online content, overseas travel and support to terrorism and could result in human rights violations.  UK authorities continued to exercise powers to strip citizenship from UK nationals suspected of terrorism-related activity.

In July, the government refused to establish a judicial inquiry into UK complicity in the CIA-led torture and secret detention.  At time of writing, no one in the UK had been charged with a crime in connection with the abuses.  In November, a media investigation found evidence of a cover up by UK authorities of alleged war crimes by UK forces in Iraq and Afghanistan. (Human Rights Watch)

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Forthcoming events


Some of the forthcoming events the group is planning.

These are always subject to change so please look here or on Facebook or Twitter for the up to date position before coming along.

Evensong  An event largely organised by the Cathedral which we have held every year now for quite some time.  12 March starting at 5:30 pm.  Free to come

Thrill of Love  This is a play at the Studio Theatre in Butts Road concerning Ruth Ellis, the last woman to be hanged in the UK.  We hope to hand out leaflets at the event (subject to permission from the theatre).  We have abolished the penalty in the UK but from time to time, a desire to reinstate it emerges especially after some terrible crime or terrorist attack.   Amnesty is opposed to the penalty in all circumstances.  We publish a monthly report on the subject.  23 – 28 March

Citizenship day  Schools event 30 June.  If anyone from one of the local schools is reading this and would like us to do our presentation in your school, please get in touch.

Market stall  In Salisbury market place morning of 11 July starting early.  Goods to sell would be welcome and we can collect if needed.  No electrical items (we cannot sell them untested) or VHS tapes please.

Film, Just Mercy  Brilliant film concerning the racially segregated south of America and a black man sentenced to death for the murder of a white girl, a crime he did not commit.  Not shown in Salisbury.  Showing at the Arts Centre 4 November.

These are the things we have planned at present.  If you are thinking of joining us you would be most welcome and introducing yourself at one of the above would be the easiest thing to do.

We are keeping a watching brief on human rights issues in the UK because several ministers and politicians would like to see the Human Rights Act abolished.   

 

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