Archive for the ‘Human rights,’ Category


How will our rights be affected post Brexit?*

UPDATE: 26 April

An article in the current edition of Prospect by Vernon Bogdanor entitled ‘Brexit will erase your rights’ (May 2018) discusses

in detail the effects of leaving the jurisdiction of the European Court, the avowed government policy.  One of the important effects is that the ability of judges to disallow legislation which conflicts with the EU Charter of Fundamental Rights will no longer be possible.  Bogdanor makes the point that we shall be moving away from a codified and protected system to an unprotected one.  This is probably the first time this has happened.

For people keen on the sovereignty issue and see all things European to be harmful,  then this is what they seek.  For them the supremacy of parliament is a key principle.  But what has been happening over many decades – and preceding our entry into what was then called the Common Market – was that judges were becoming more willing to interfere in some aspects of legislation.  Because we have signed up to the European Charter, where our legislation conflicts with that, then judges are willing to rule against it.  The fundamental problem the UK has is a lack of a constitution.  The charter was a kind of stand-in constitution against which the legislative process could be tested.

The Human Rights changed that.   In regards to the HRA, Professor Gearty stated that:

In the breadth of its ambition and in the potential reach of its terms, British Law has never seen anything like this piece of legislation’.  The way in which the Human Rights Act 1998 changed the legal landscape was by inserting a new method of interpretation into British Law which required the courts to read and give effect to legislation in a way which is compatible with the Convention rights ‘so far as it is possible to do so’(s3); requiring that the courts take into account decisions of the Strasbourg Court when determining a question concerning a Convention right (s2); allowing the Court to make a declarations of incompatibility (s4); making it unlawful for public authorities to act incompatibly with the Convention (s6); and by creating a cause of action for breaches by a public authorities and providing for remedial damages for breaches. (s7 and s8).  (Church Court Chambers)

For critics of the involvement of the European Court, there is a kind of misty eyed reverence to the British system which does of course have many strengths and has evolved over many centuries.  This was particularly noticeable during the Magna Carta celebrations two years ago.  But historians will know that it has been a struggle for some simple rights and laws of benefit to ordinary people, to be enacted.  Legislation such as the factory acts and public health for example, took decades to enact against fierce resistance by vested interests in parliament.  Full enfranchisement itself did not happen until 90 years ago in 1928.

Recent events surrounding the Windrush scandal have shown a legislature and an executive all too willing to inflict misery on thousands of people.  The idea that parliament is there to protect the welfare of ordinary people such as those who came here in the ’50s, does not stand up to examination.  There is thus a real concern that once we exit the ECJ and the Withdrawal Bill becomes law then some of our rights will be taken away.    This will not happen straight off but over time using the infamous Henry VIII powers.  The role of the courts will be weakened.  The Charter of Fundamental Rights will no longer apply and we will be at the whim of parliament.  The key issue behind the scandalous treatment of the Windrush generation was that although there were two immigration acts, a lot of the day to day nastiness was done administravely.  So the idea that parliament is sovereign is flawed.

One of the curious anomalies of our political discourse is that people do not usually trust politicians.  If someone at a public meeting said ‘I think we should trust politicians’ it would likely engender laughter and ridicule.  But by removing our country from the aegis of the charter we will be giving power to politicians and the executive which amounts to trusting them with our rights.  Since parliament is rife with self-interest, secretive lobbying by special interest groups, the revolving door enabling ministers and others to take up lucrative positions with organisations which they were supposedly in control of, and behind closed door influence from powerful media barons: to expect it to take interest in the rights of ordinary individuals is a big ask.  There are honest politicians and many with consciences but they are few against the party machines.

Bognador ends his piece by saying that ‘the tide of history is towards greater protections, but the coming change threatens to make us more lawless.  And it may well be that a country, which wasn’t primed for this sort of change, will not be content with that.’

The arguments over the role of European law and the remit of the ECJ might seem esoteric, the sort of thing lawyers get enthused about and no one else is the least bit interested in.  But the effects of a loss of control over the executive and a dysfunctional parliament will eventually be experienced by all and there won’t be anyone to protect us.


Update: See the Amnesty blog post on the reaction of young people to the threat to human rights post Brexit.

*Amnesty has no position on whether to remain or leave the EU: this blog is just about human rights if we leave

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Title of a display of photos in the Methodist Church, Salisbury

This is a moving display of photos in the Salisbury Methodist Church taken by Bedouin women in the ‘unrecognized villages’ of the Negev-Naqab region of Israel which lies to the east of Gaza.  The project documents the brutal way the villagers are treated by the Israeli authorities.  Their villages are demolished and crops destroyed to make way for new settlements and they suffer discrimination and police brutality.

The tactics are familiar and included cutting water supplies sometimes for days at a time.  They are denied basic services such as paved roads, electricity and medical help.

The exhibition runs until February 3rd and is between 10:00 and noon daily.  Coffee is available.  For more details see The Negev Coexistence Forum for Civil Equality

If you live in Salisbury, please make time to visit this exhibition.

 


Arbitrary arrest of 13 people

This urgent action concerns the arbitrary arrest of 13 health and human rights people in Tanzania.  It is part of a campaign to intimidate gayImage result for tanzania and lesbian people being conducted by the government.  Please write if you can.  Full details on the attached link.

Tanzania (pdf)

 


If you live in the Salisbury area and would like to join the local group you would be very welcome.  Just keep and eye on this site or on Twitter or Facebook (salisburyai) if you prefer for details of our next event and make yourself known.  Our events are listed on the last page of our minutes.


A further 15 men face imminent execution in Saudi Arabia

Only a few days ago, we highlighted the case of fourteen men who face imminent execution.  Today we publish a further urgent action as Saudi is about to execute another 15 individuals.  The families of the accused have just discovered that the higher court has upheld the lower court’s ruling without the prisoners themselves or their lawyers knowing about it.

They were accused of high treason together with other unrecognisable offences including ‘supporting protests’ and ‘spreading the Shi’a faith.’  They were held incommunicado for nearly three months and denied access to lawyers.  Their families were threatened with arrest if they did not sign confessions.

The system in Saudi is contrary to all international norms and shows no sign of improvement.  Yet despite this we continue to supply the country with arms on a huge scale.

The Foreign and Colonial Office has just published its 2o16 report on human rights and on Saudi it says the following (extract)

… We also remain deeply concerned about the application of the death penalty.  Amnesty International reported that 153 people had been executed in 2016, compared to 158 people in 2015.  This included the simultaneous execution of 47 people on 2 January 2016.  On 5 January, the then FCO Minister for the Middle East and Africa, Tobias Ellwood, made a statement to Parliament reiterating our clear position on the death penalty.  As the principle of the death penalty is enshrined in Saudi Arabia’s Sharia law, total abolition in the near future is unlikely.  We continued to ensure that the Saudi authorities are aware of our strong opposition to the death penalty at the most senior levels.

… In 2017, we will continue to work to limit the application of the death penalty; and to ensure that, if it is applied, it is carried out in line with international minimum standards.  We will continue to monitor closely cases which relate to freedom of expression and of religion or belief.  We will also look for opportunities to promote greater participation by civil society and by women in Saudi public life.  (p 49)

Fine words but somewhat undermined by continuing high level contact, visits by members of the Royal Family and government ministers keen to promote the continued sale of weapons.

If you do get time to write that would be appreciated.  Alternatively, if you go to our Twitter page on this and click ‘like’ or ‘retweet’ that would help.

Urgent Action (pdf)


If you live in the Salisbury area and would like to join then the simplest thing is to come to one of our events and make yourself known.  These can be found here, on our Twitter or Facebook pages – salisburyai.

 


Nobel Peace Prize laureate hastily buried at sea

Liu Xiaobo. Picture: thefamouspeople.com

On Thursday, the Chinese dissident, Liu Xiaobo died of liver cancer.  He had been in prison since 2008 mainly because he argued for greater democracy in China and was convicted of ‘inciting subversion’.  He was awarded the Nobel Peace Prize in 2010 which infuriated the Chinese government and he was not permitted to go to Norway to receive it.  He was only the second laureate to have been in prison at the time of the award.  Once the cancer was diagnosed he was released to a hospital where he was still under heavy guard.  According to Human Rights Watch, even as his illness worsened the Chinese government continued to isolate him and denied him freely choosing his medical treatment.

On Saturday he was hastily cremated and his ashes scattered at sea almost certainly to prevent a grave on land becoming a centre for protest.  Activists were reported by the South China Morning Post to be ‘outraged at the humiliating arrangements’.  His second wife, Liu Xia, is under house arrest.

Liu was a supporter of Charter 08 which argued for a fundamental change in the one party state, a whole series of reforms that would result in a separation of powers, a new constitution and legislative democracy.  It was suppressed by the Chinese government.

A spokesman for Amnesty International said:

This is a sad day for human rights, but Liu Xiaobo leaves behind a powerful legacy to inspire others to continue the struggle for human rights in China and around the world

Boris Johnson, the Foreign Secretary, made the following lukewarm statement:

I am deeply saddened to hear that Liu Xiaobo has passed away. He was a Nobel Peace Prize Laureate and a lifelong campaigner for democracy, human rights and peace. His death is a huge loss and our hearts go out to his wife Liu Xia, his family, and his many friends and supporters.
Liu Xiaobo should have been allowed to choose his own medical treatment overseas, which the Chinese authorities repeatedly denied him. This was wrong and I now urge them to lift all restrictions on his widow, Liu Xia.  13 July 2017

This from a man not afraid to be outspoken at any given moment.  Focusing on the restricted nature of his medical treatment is the least of the crimes the Chinese government has committed.  ‘Has passed away’ gives the impression of a natural death not one hastened by harsh prison conditions, poor medical treatment and confining him right to the last.  This is but the latest example of our government failing to stand up to breaches of human rights internationally.  This is only set to get worse as the need to augment reduced European markets in the post Brexit world.

Under China’s president, Xi Jinping, there has been a major crackdown on any form of dissent.  Restrictions on press freedom are well known and access to the internet is tightly restricted.  Booksellers in Hong Kong stocking books detailing the corruption of the Politburo elite have been abducted.  Details of this corruption among what are called the ‘Princelings’ has been revealed in the Panama Papers*.  President Xi’s brother in law is implicated, along with other senior party people, in squirreling away billions in tax havens using the services of the Panamanian law firm Mossack Fonseca.

Any discussion of democracy is taboo in China as it is contrary to one of the Four Cardinal Principles one of which is to ‘uphold the people’s democratic dictatorship.’  One can see straight away that ideas of freedom of the press and ideas of running the country on more democratic lines are not going to get far with the government.

The future

China has pursued a policy of economic growth which so far has been successful and has led to the country being second only to the USA.  It is expanding militarily most notably in creating false islands in the South China Sea.  It is present all around the world where natural resources are to be found.  The trick has been to maintain economic growth in return for maintaining its hold on political power.  How long this growth can be maintained is open to question.

On the other hand, China wants to be more of key player in the world and is to be seen at G7 and G20 meetings as well as having a seat on the UN Security Council.  As it grows in economic and military power, it seeks political recognition as well.  This is difficult to achieve if at home it denies basic freedoms and human rights to its citizens; executes more than all the other countries in the world put together; locks up its dissidents; denies access to the internet and treats the people of Tibet appallingly.  Using its power it is able to suppress criticism – cancelling contracts with Norway for example after Liu was awarded the Nobel prize – and tells other countries not to interfere in its internal affairs.

Fundamentally Chinese social policy is not progressing indeed, under Xi Jinping, it has regressed.  So long as they can maintain their tight grip on power and the levers of power, the CPC will continue.  But the lesson of history is that when a crack appears, as with a sheet of ice, it spreads rapidly and unpredictably.


*The Panama Papers, 2017, Bastian Obermayer and Frederik Obermaier, Oneworld, London (3rd edition).  Details tax evasion by criminals, dictators and politicians – not just the Chinese – as revealed by a release of papers from Mossack Fonseca

Sources: Human Rights Watch; New York times; The Guardian; Amnesty International; South China Morning Post

 

 

 

 


Nobel Peace Prize winner Liu Xiaobo has liver cancer

Liu Xiaobo who has liver cancer and was serving 11 years for ‘inciting subversion of state power’ which means any activity which seeks to undermine communist power.  Liu was seeking reforms in China and improved democracy.  He is now out of prison but essentially under arrest.  Since his diagnosis, the Chinese did not want a Nobel Lauriat dying in prison, so released him to a hospital where he is expected to die.  It is alleged the poor state of medical attention in prisons in China meant he did not get treatment earlier enough and this may have hastened his end.

China is accused of many failings to do with human rights.  Activists and lawyers are targeted and frequently arrested.  There has been a crackdown on lawyers.  People with religious convictions are persecuted.  The internet is heavily restricted and press freedom is also extremely limited.  The country is a heavy user of the death penalty and executes more of its citizens than all the rest of the world put together.  The precise number not known since it is a state secret.

The country is extremely sensitive to outside criticism and were furious when Liu was awarded the Peace Prize.  Trade with Norway was curtailed which probably did not concern them too much since they are a wealthy country.  The Beijing government summoned the Norwegian ambassador in protest.  It called Mr Liu a “criminal”, saying the award violated Nobel principles and could damage relations with Norway.  The Norwegian Nobel committee said Mr Liu was “the foremost symbol” of the struggle for human rights in China.  It took six years before relations were normalised between the two countries according to the New York Times.

In some respects China is a powder keg.  As long as prosperity increases then many people are happy to go about their lives and not bother too much about issues of freedom and human rights.  They will not have access to sites or information which discuss or promote such issues (such as Amnesty International) and so the ruling communists need not worry too much about a restive population.  Step by step they are securing hegemony over Hong Kong.  Some ‘below the line’ comments in the press stories suggest that the Confucian tradition also plays a part and that, unlike Western nations, this tradition of loyalty to the state is more a feature of political life.

Another factor is that it is said by some observers that the Chinese rather resent being subjected to Western moral codes, in which they had no part in formulating, being applied to them.  This does have some force except that they were a member of the Security Council when the Universal Declaration was signed in 1948.  It does overlook the fact that the Declaration caused the Western nations some discomfort as well: the British and French with their treatment of the colonial peoples and the USA with its treatment of black people.

If China wishes to become a leading world nation then it is going to have to accept the norms the rest of the world tries to live by.  The treatment of Liu Xiaobo (and many, many others) has been disgraceful.

And what of our Foreign and Colonial Office?  It says:

Minister for Asia and the Pacific Mark Field said:

I am pleased that the 24th Round of the UK-China Human Rights Dialogue has taken place. Senior officials discussed the full range of our human rights concerns, including freedom of expression, freedom of religion or belief, access to justice and ethnic minorities’ rights. They also discussed areas where the UK and China could collaborate more closely, including modern slavery and women’s rights.

The UK strongly believes that respect for human rights is vital for growth and stability, and that these regular talks are an important part of our relationship with China. The dialogue has, once again, been held in a constructive and open manner. I am grateful for the valuable contribution made by civil society organisations before and during this exchange. [accessed 29 June]

Post Brexit the emphasis is going to be on trade and the UK government is unlikely to raise difficult issues with the Chines government or risk being treated like Norway.

Sources: Amnesty International, New York Times, BBC, Guardian.


Follow us on Twitter and Facebook, salisburyai.  If you live in the Salisbury area and are interested in promoting human rights please get in touch.  The best thing is to come along to one of our events and make yourself known.


Two films to be shown at the Arts Centre
FRIDAY 9TH

As part of the Salisbury Arts Festival, the Arts Centre is showing two films with a human rights aspect to them: War Witch and Incendies Both films will be introduced by Prof Lucy Mazdon from Southampton University.

War Witch starts at 7pm and Incendies at 9pm.  You can of course go to either one or both.  Details of how to book are to be found by clicking on the Arts Festival link above or their phone number is 0845 241 961.

Trailer:


 

Monthly meeting took place last night Thursday 9th March at Victoria Road.  It was a full agenda including North Korean talk at Five Rivers; NWR meeting; Films at the Arts Centre; Social media and Death Penalty reports and the market stall.  Minutes will be posted soon.


A Salisbury based firm, Gamma TSE, has been accused of supplying spyware to enable Bahraini activists to be arrested

UPDATE 15 March 17

Extract from a recent University of Toronto report:

[…] Far from using this spyware solely to track what might be considered legitimate targets, these countries and their shadowy agencies have repeatedly used them to get inside the computers of human rights activists, journalists, opposition politicians, and even health advocates supporting a soda tax in Mexico. Some of the victims of these campaigns have found themselves arrested and tortured. Leaked emails from certain companies reveal that, despite public assurances by executives, the vendors seem cavalier about these type of abuses, have few internal checks in place to prevent them, and, indeed, knowingly court the clandestine agencies responsible for such abuses. Despite these alarming incidents, however, the dynamics of and participants in the market at large remain opaque. 

While arguments rage in the USA concerning the alleged interference by Russia of the

Porton Business Centre

Porton Business Centre

presidential elections, a secretive Salisbury based firm, Gamma TSE, has been accused by the Organisation for Economic Cooperation and Development of supplying software called FinFisher or FinSpy to the authorities in Bahrain and elsewhere.  This software enables intelligence agencies to insert Trojan software into computers and mobile phones.  This in turn enables people critical of the regime to be tracked and if necessary arrested by the security services.  The University of Toronto’s Citizen Lab is documenting the widespread use of this spying software.

Privacy International, Bahrain Watch, the Bahrain Centre for Human Rights and Reporters Without Borders lodged a complaint with the European Centre for Constitutional and Human Rights.  They allege that the equipment is used by repressive regimes to harass and target dissidents, politicians and human rights activists.

Our involvement with repressive states – especially those in the Gulf – is well-known and Theresa May recently visited Bahrain to promote business interests in the kingdom.  As we have noted many times before, there seems little interest in the consequences of our arms and security companies activities on the ordinary people who live in those countries, the death and destruction in Yemen being particularly awful.

Part of the units occupied by Gamma in Porton

Part of the units occupied by Gamma in Porton

Gamma is again in the news today (9 January 2017, p13) in a Times article entitled ‘No 10 linked to spyware in human rights row’ which reveals that despite the criticism by the OECD, they have been invited to the Home Office sponsored International Security and Policing exhibition in London.  Amnesty reports show that the human rights situation in Bahrain is very poor with reports of torture and other forms of abuse:

[it] details dozens of cases of detainees being beaten, deprived of sleep and adequate food, burned with cigarettes, sexually assaulted, subjected to electric shocks and burned with an iron.  One was raped by having a plastic pipe inserted into his anus.

It said the report showed torture, arbitrary detentions and excessive use of force against peaceful activists and government critics remained widespread in Bahrain.

The OECD report was not conclusive about Gamma as it was a ‘reluctant participant in the proceedings refusing to productively engage in a September 2013 mediation and employed stalling efforts.’

Privacy International say:

Gamma has proven itself to be and irresponsible corporate actor that is indifferent to the human rights impacts of its activities.

The Amnesty report also says:

The government [of Bahrain] continued to curtail freedoms of expression, association and assembly and cracked down further on online and other dissent. Opposition leaders remained imprisoned; some were prisoners of conscience. Torture and other ill-treatment remained common. Scores were sentenced to long prison terms after unfair trials. Authorities stripped at least 208 people of their Bahraini nationality. Eight people were sentenced to death; there were no executions.

A firm helping regimes with a record of mistreating its citizens and regularly using torture, is based in the village of Porton, near Salisbury, Wiltshire.

 

 

 


The following piece was published in the Salisbury Journal (8 December 2016)

Each year thousands of people in the UK write letters or send cards in solidarity with those suffering humans rights abuses around the world pas part off Amnesty’s Write for Rights campaign.

As a result, people have been freed after having been unfairly imprisoned, human rights defender who have been threatened and harassed by authorities have been able to live freely without intimidation and forced evictions have been halted.

Sending a message of support to those whose rights are being abused and also to the authorities on that person’s behalf is powerful.  Imagine drowning in thousands of letters of encouragement and solidarity – in fact, imaging the officials who will see and deliver thousands of cards to the victims and their families.  The effect on both is priceless.  It shows the authorities that that individual is not alone and that all over the world thousands of people are standing up for them.

People featured this year include:

  • Fomoseh Ivo Feh a young man in Cameroon who faces 20 years in prison for forwarding a sarcastic text message
  • a photojournalist from Egypt, named Shawkan who was beaten, arrested and then held without trial following a demonstration in Cairo
  • a British-Iranian charity worker Nazanin Zaghari-Ratcliffe who was arrested in April at Tehran

    Nazanin Zaghari-Ratcliffe. Picture: Iran Human Rights

    airport as she was about to board a return flight to London with her 22 month old daughter.

Salisbury Methodist Church is hosting a Write for Rights event from January 4th to 15th and people are invited to see the exhibition and send a message of support.  The church will be open from 10 am to noon.

We hope local readers will be able to support this initiative and come along at some time on those 2 days and sign something.


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