Jagtar Singh Johal


Jagtar Singh Johal remains in custody in India on trumped up charges

November 2023

Jagtar was abducted off the street in 2017 and held incommunicado for a number of days during which time he was subjected to brutal treatment and was almost certainly tortured into signing a confession. His ‘crime’ as far as the India government was concerned was to represent the Sikh community and because of his human rights activity and his faith according to the UN.

He has now been in custody for 6 years and concerned lawyers have written to the UK Foreign Office minister Lord Ahmad, asking him to retract his comments saying that Jagtar will receive ‘due process’ in India. Manifestly he has not.

Many MPs were disappointed that the prime minister Rishi Sunak did not do more at the recent G20 summit when he met the India prime minister on the fringes of the meeting. Shockingly, it was revealed that the British security services MI5 and MI6 gave their Indian counterparts a tip-off which led to his arrest and torture. MPs and human rights organisations have criticised the UK government repeatedly over this affair and arrest of a British citizen. They have said the the government has been reluctant to press the Indian government over his arrest and mistreatment and have repeatedly failed to call for his release. The latest claim that he will be subject to due process flies in the face of all the evidence.

There is the suggestion that the ‘government’s timidity and reluctance to press his case too strongly relates to the desire to secure various arms deals with India. A Foreign Office spokesman is quoted as saying that it was committed to resolving his case ‘as soon as possible’.

Sources: Reprieve; Guardian; Independent; Amnesty International

Rwanda policy


August 2022

A judge has ruled that six passages redacted from a policy statement concerning the removals policy to Rwanda must be revealed. Ten passages had been so redacted and the Foreign Secretary, Liz Truss, had applied to the court for them not to be released using public interest immunity. Several newspaper groups have applied to the court and today (17 August 2022) they were successful.

The human rights situation in Rwanda is poor. Several human rights groups have described excessive state control, political opposition not being tolerated and the arbitrary mistreatment of children, sex workers and street vendors. Torture is practised and there are suspicions of people being murdered.

The government hopes to use the deportations to Rwanda as a deterrent for the people crossing the Channel, a problem which has increased month on month.

The first flight was planned to go from Boscombe Down airfield a mile or two from where this is being written. The European Court overruled the government and the plane left the following day, empty. It will be interesting to read what the redacted passages contain. It is known that Foreign Office officials raised concerns and recommended that we do not get involved with the country.

Foreign Aid cut


Chancellor proposes a cut to the level of foreign aid

On 25 November 2020, the Chancellor of the Exchequer, Rishi Sunak, announced in the spending review, that the commitment to spend 0.7% of GDP on foreign aid will be reduced to 0.5%.  As it is a legal commitment, it has to be voted on by parliament.  He is likely to have thought that the proposal would be popular with many of his backbenchers and with the public at large.  Apparently, focus groups show that this funding is unpopular and a recent YouGov survey – taken after rumours of the likelihood of the cut began to circulate and be commented on in the media – showed that 66% were in favour of the cut and this rose to 92% of Conservative supporters.

It wasn’t all plain sailing however and a number of Conservative MPs rose to criticise the proposal.  Andrew Mitchell MP was interviewed on Channel 4 and on LBC, expressing his concern.  He also pointed out that the aid had already been reduced this year [because of the drop in our GDP].  Baroness Sugg, a junior minister in the Foreign Office, resigned from her post.

Foreign aid is a tortured subject in British politics.  There were many arguments last month, following the decision to merge the department dealing with foreign aid, DfID, into the Foreign Office precisely because it was feared that it was a precursor to cutting the aid and the commitment.  The promise was in the Conservative party election manifesto:

We will proudly maintain our commitment to spend 0.7 per cent of GNI on development, and do more to help countries receiving aid become self-sufficient.  p53

Media hostility

It is easy to see where some of the hostility comes from.  The tabloid press has carried out a sustained campaign against foreign aid, and the department, for a number of years.  Recent examples in the Daily Mail include: ‘Foreign aid Farce (9 June 2020); Good riddance to Foreign Aid’s self-serving Department for International Narcissists’ (17 June 2020) and ‘UK could rip up rules on how foreign aid is spent so handouts serve our interests more’ (17 October 2020) [all accessed 26 November 2020].  There are many more examples and other tabloid titles have similar stories.  Despite this, David Cameron as prime minister, maintained the link.

The prime minister, Boris Johnson, has always wanted to merge DfID with the FO and has referred to the aid as ‘a giant cash point in the sky’.

There are legitimate criticisms which have been made about the department and the management of the funds.  A National Audit Office report referred to a number of failings and in particular, failure to demonstrate the effectiveness of aid programmes.

However, the ceaseless criticisms of aid are not based primarily on efficiency grounds (and NAO reports on other parts of government spending make similar points but do not invoke concerted tabloid campaigns) but on a fundamental dislike of the principle of foreign aid.  Corruption is seen as a major point of concern and attitudes changed following the scandal in Haiti.  A DfID research study found that 48% of people agreed with the statement ‘corruption in governments in poor countries makes it pointless donating money to help reduce poverty‘.  Conversely, when images of the dead little boy Kurdi appeared in western media, attitudes became more positive.  Another research study showed that concern for international poverty declined from 70% in 2011 to 46% in 2014.

Birmingham University has researched the question of attitudes to foreign aid and perhaps surprisingly, their Aid Attitudes Tracker showed little change in the period 2013 – 18.  This has now changed to the Development Engagement Lab showing similar findings for more recent periods.  Attitudes seem largely stable over time: people are either in favour or they are against.

It seems that there are those who think we, as one of the richest countries in the world, do have a responsibility to help the poorest in the world.  As Andrew Mitchell said, the aid has helped vast numbers of women to achieve family planning and millions to have clean water.  Indeed the point seems to be that the achievements of our aid are simply not recognised or sufficiently reported on.  Good news stories find it hard to gain traction against a tide of disasters, wars, famines and natural disasters.  Add to this, the flow of negative stories in parts of the media which portray overseas aid as wasteful, unnecessary, squandered by corrupt regimes or helping terrorists, then it is perhaps unsurprising that many people feel that we should help our own especially during the current economic crisis, the worst in three centuries.

We should play our part if only for self interest.  Another concern is immigration which has had an enormous effect on the UK political landscape.  By improving life and conditions in the poorest countries of the world, it will help reduce pressure on emigration.  There is also a moral argument which seems to have been lost.

The decision to slash aid at a time of such great need is hugely disappointing and a bad omen of the direction of travel this Government is choosing in Foreign Affairs.  Such a significant cut requires proper consideration of the human rights implications and we are concerned it has been undertaken without due consultation with those who will be affected.  Any reduced aid spending must still focus on the most marginalised and the poorest.  Amnesty international statement 25 November 2020

Government plans to modify the Ministerial Code


Government plans ‘seriously concerning’

Plans by the Conservative Government to modify the Ministerial Code are ‘seriously concerning’ according to Rights Watch.

The ministerial code issued in 2010 says;

Overarching duty on Ministers to comply with the law including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life

The plan is to omit from the new code including international law and treaty obligations.  Phillippe Sands QC, a professor of law at University College London described the changes as ‘shocking’.  The government claim that this is merely a matter of simplification.

Why it matters

It matters because of the promise by the Conservatives in their text blockmanifesto to scrap the Human Rights Act and replace it with the British Bill of Rights a draft of which has yet to see the light of day.  Removing the international law will reduce the respect for judgements by international courts such as the European Court in Strasbourg.

Another aspect is that going to war and the use of things like drones are covered by international treaty and the UN Charter and not by UK laws.  Removing the international element therefore leaves ministers free to use this kind of weaponry unfettered.

In 2014, the government – then in coalition – wanted to remove what was termed an ‘ambiguity’ in the rules.  This has now been changed to simplification.

An observer of these events was Paul Jenkins who was a Treasury solicitor and he witnessed the intense irritation felt by the Prime Minister over our need to comply with foreign legal obligations.  This was largely in connection with the arguments over prisoner voting but the prolonged tussle over Abu Qatada was also likely to have been an irritant as well.

In a letter to the Guardian, the former legal adviser to the Foreign and Commonwealth Office Frank Berman QC said ‘it was impossible not to feel a sense of disbelief at what must have been the deliberate suppression of the reference to international law.’

What is troubling about these changes is that they have to be seen in context.  We have restrictions on Freedom of Information; reductions in the ability of people to receive legal aid; court charges; and the threat to the Human Rights Act.  We will soon have the ‘snooper’s charter’ which will enable the security services to eavesdrop communications however they wish.

All these changes add up to an assault on the ability of individuals to hold the executive to account.  Ministers were quick to celebrate the anniversary of Magna Carta when it suited them but now seem keen to reduce freedoms wherever they can.

Sources: The Guardian; Rights Watch; the BBC; Financial Times; Daily Mail

UPDATE

Further responses and condemnation of this change in the code

British Institute of Human Rights warning

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