Scrap anti-protest laws


The government should scrap the anti-protest laws it has passed

February 2024

This call was made in the current edition of the Amnesty magazine and refers to various laws the government has passed to curb or prevent protests taking place. The first is the Police, Crime, Sentencing and Courts Act 2022 and the second is the Public Order Act 2023. They were introduced mainly as a result of climate change protestors who carried out a range of protests and campaigns which were not popular with the government, the right wing media or some of the public. 

Protests, violent or otherwise, have been a feature of Britain’s political life for centuries. Indeed, the Conservative politician Ian Gilmour, who served in Mrs Thatcher’s cabinet, wrote a book Riot, Risings and Revolution: Governance and Violence in Eighteenth Century England, (Pimlico, 1993) which described the considerable number of such things which were a regular feature of life at the time. So the activities of Extinction Rebellion are neither new nor especially harmful in the light of history. It’s possible that the two Home Secretaries who pushed through this legislation were both daughters of immigrants who may not have been aware of this history. 

It is also ironic that both politicians, who are female, owe their right to be an MP – or to vote at all – to the actions of suffragists and latterly, the suffragettes who campaigned violently for those rights It is also ironic that the suffragists campaigned peacefully for around four decades and made little progress – arguably none. There were many campaigns which have led to positive change viz: ending Apartheid in South Africa, the Chartist movement, ending slavery and protests leading to the Great Reform Act. It is true to say that many of the rights we enjoy today, owe their existence to a protest of some kind to achieve them. 

It is also a sad fact of life that peaceful protests usually get ignored. There are many marches, some quite large involving many thousands, which get no coverage. But once violence erupts, it becomes news. Governments do not like protest and see them as some kind of threat to their right to govern. But protest is about the only way ordinary people to make their concerns heard or to promote change.

Both acts should be scrapped.  


Rwanda report


Cross party committee on human rights criticizes the government’s Rwanda policy

February 2024

The Rwanda (Asylum and Immigration) Bill ends its House of Lord’s stage today (12 February) and returns to the Commons. The Bill has been roundly condemned by many human rights and other organisations and the committee said that it is ‘fundamentally incompatible with Britain’s human rights obligations’.

The Supreme Court has already ruled that Rwanda is not a safe country and the government’s attempt to pass a law simply saying it is is bit like passing a law saying water can run uphill. The Committee went on to say ‘the Bill disapplies laws that might prevent and individual’s removal to Rwanda including many of the key provisions of the Human Rights Act.

‘It might also impact on Northern Ireland, that it would both undermine the Windsor Framework and the Belfast (Good Friday) Agreement’.

It also raises the point about UK’s reputation. We have they say, a reputation for respect for human rights of which ‘we should be proud’. 

Immigration, and most recently the Channel crossings, have generated a considerable degree of angst and hostile media coverage. This is not recent and goes back many years and started to emerge as a political force during the Blair years. In many respects it goes back further to various waves of immigrants such as the Huguenots from France, Flemings from the low countries and Jews fleeing Russia. All have been met with hostility of some degree. 

Recent immigrants are cast as not really refugees at all but economic migrants, are cheating the system, are living off benefits and so forth. Newspapers – and not just tabloids but the Daily Telegraph and the Independent – have carried hundreds of negative stories and helped keep the temperature high. The Sun even ran a story that swans were being stolen from the London parks and eaten by immigrants (invented). The raised media attention has increased public concern to which the politicians are obliged to reflect. 

Watch the Amnesty video

Anomaly

A curious anomaly is that people who’s offspring emigrate to live and work overseas (as ‘economic migrants’ no less) are spoken of in terms of pride. Emigrants good: immigrants bad. 

Another curiosity is that many of the politicians leading the hostility and proposing ever harsher measures including deportation to Rwanda, are themselves sons or daughters of immigrants. Priti Patel, Kwasi Kwarteng, Suella Braverman, Rishi Sunak, Danny Kruger and going back further, Michael Howard (Romania). 

The benefits of immigration to this country almost don’t get a look in. In November last year, the government’s own statistics show that around one in 5 of people working in the health service were not born in the UK. Indeed, the service would struggle to survive (even more than now) if these people were not working here. 

The entire debate is based on hysteria. Boat people have assumed a disproportionate sense of anger and fear even though they represent a small proportion of all immigrants to this country. The majority do go on to claim asylum. The hysteria and media mis- and disinformation has resulted in the plan to deport a few hundred to Rwanda, a policy which is performative rather than likely to be effective. 

Sources: Daily Mail, FullFact; Liberty; Hansard, Guardian (accessed 12 February 2024)


The Salisbury Amnesty group celebrates 50 years of existence this year

Nigerian protest


Members of the Salisbury group took part in Humanist protest in 2022

February 2024

Pictured: Humanists UK’s #FreeMubarakBala protest outside the Nigerian High Commission, London, 2022. Two members of the Salisbury group can be seen, centre. Picture: Humanists

MPs have raised the case of Mubarak Bala, imprisoned President of the Nigerian Humanist Association, at a debate in Westminster Hall on Freedom of Religion or Belief in Nigeria. The debate was secured by Jim Shannon (Democratic Unionist Party), Chair of the All-Party Parliamentary Group on International Freedom of Religion or Belief (APPG FoRB) – of which Humanists UK is a stakeholder. 

Humanists UK has been calling for Bala’s release since he was arrested in April 2020. Two years later, Bala was convicted and sentenced to 24 years’ imprisonment for posting ‘blasphemous’ content on Facebook following an unfair trial: it was repeatedly delayed and the charges against him were duplicated. Procedural irregularities were rife. Bala remained incarcerated without charge for well over a year. He was denied access to his lawyers and family for an extended period. He was denied medical attention. The Abuja High Court’s ruling that he be released on bail was ignored by Kano State authorities. His case exemplifies the need to abolish blasphemy laws, which intrinsically contravene the right to freedom of religion or belief.

During the debate, Jim Shannon said that he, alongside other members of the APPG FoRB has visited Nigeria in 2022:

We used our visit to speak to some of the judiciary and judges in Nigeria… and made a very good case for the release of Mubarak. We thought we had made some headway on that, and the indications coming from the judiciary seemed to say that, but he is still in prison.’

Shadow Foreign Minister Lyn Brown said:

I can understand the anxiety about states in Nigeria continuing to imprison people for exercising religious freedoms. We all know the case of Mubarak Bala.’

Humanists UK campaigns for freedom of religion or belief (FoRB) around the world, particularly for non-religious people facing persecution. In many countries it is impossible to be openly non-religious. Laws that criminalise blasphemy and apostasy are often the source of such persecution – as they were in Mubarak Bala’s case. The repeal of such laws is therefore a vital step in guaranteeing FoRB for all.

Director of Public Affairs and Policy Kathy Riddick commented:

‘We thank Jim Shannon MP for securing the debate and raising the case of our colleague Mubarak Bala who has been imprisoned simply for expressing his humanist beliefs. 

‘The situation for humanists in Nigeria is dire. Blasphemy and apostasy are punishable by death and this is used to falsely justify the social persecution of the non-religious. Particularly worrying is that Nigeria is on the ‘safe country list’ under the Illegal Migration Act, which means that non-religious asylum seekers may face great risks if they are deported there.

‘We continue to call on the government to use all channels available to advocate for the repeal of all blasphemy and apostasy laws, and to secure not only the release of Mubarak, but the release of those convicted or imprisoned under such laws.’

Pictures: Salisbury Amnesty

UN Rapporteur ‘seriously concerned’ at crackdown in UK


UN Rapporteur on environment matters expressed ‘alarm’ ‘distress’ and ‘serious concern’ at the crackdown on environmental activists in UK

January 2024

Between 10 – 12 January 2024, David Forst, made his first visit to the United Kingdom since he was elected as UN Special Rapporteur on Environmental Defenders under the Aarhus Convention in June 2022.

On 23 January he issued a statement in the light of the extremely worrying information he received in the course of meetings regarding the increasingly severe crackdowns on environmental defenders in the United Kingdom, including in relation to the exercise of the right to peaceful protest.

These developments are a matter of concern for any member of the public in the UK who may wish to take action for the climate or environmental protection. The right to peaceful protest is a basic human right. It is also an essential part of a healthy democracy. Protests, which aim to express dissent and to draw attention to a particular issue, are by their nature disruptive. The fact that they cause disruption or involve civil disobedience do not mean they are not peaceful. As the UN Human Rights Committee has made clear, States have a duty to facilitate the right to protest, and private entities and broader society may be expected to accept some level of disruption as a result of the exercise of this right“.

Peaceful protests

During his visit, however, he learned that, in the UK, peaceful protesters are being prosecuted and convicted under the Police, Crime, Sentencing and Courts Act 2022, for the criminal offence of “public nuisance”, which is punishable by up to 10 years imprisonment. He was also informed that the Public Order Act 2023 is being used to further criminalize peaceful protest. In December 2023, a peaceful climate protester who took part for approximately 30 minutes in a slow march on a public road was sentenced to six months imprisonment under the 2023 law. That case is currently on appeal, but it is important to highlight that, prior to these legislative developments, it had been almost unheard of since the 1930s for members of the public to be imprisoned for peaceful protest in the UK.

He also expressed alarm to learn that, in some recent cases, presiding judges have forbidden environmental defenders from explaining to the jury their motivation for participating in a given protest or from mentioning climate change at all. It is very difficult to understand what could justify denying the jury the opportunity to hear the reason for the defendant’s action, and how a jury could reach a properly informed decision without hearing it, in particular at the time of environmental defenders’ peaceful but ever more urgent calls for the government to take pressing action for the climate.

He also received highly concerning information regarding the harsh bail conditions being imposed on peaceful environmental defenders while awaiting their criminal trial. These have included prohibitions on engaging in any protest, from having contact with others involved in their environmental movement or from going to particular areas. Some environmental defenders have also been required to wear electronic ankle tags, some including a 10pm – 7am curfew, and others, GPS tracking. Under the current timeframes of the criminal justice system, environmental defenders may be on bail for up to 2 years from the date of arrest to their eventual criminal trial. 

Such severe bail conditions have significant impacts on the environmental defenders’ personal lives and mental health and he seriously questioned the necessity and proportionality of such conditions for persons engaging in peaceful protest. In addition to the new criminal offences, he was deeply troubled at the use of civil injunctions to ban protest in certain areas, including on public roadways. Anyone who breaches these injunctions is liable for up to 2 years imprisonment and an unlimited fine. Even persons who have been named on one of these injunctions without first 2 being informed about it – which, to date, has largely been the case – can be held liable for the legal costs incurred to obtain the injunction and face an unlimited fine and imprisonment for breaching it. The fact that a significant number of environmental defenders are currently facing both a criminal trial and civil injunction proceedings for their involvement in a climate protest on a UK public road or motorway, and hence are being punished twice for the same action, is also a matter of grave concern to him.

Media derision

He was also distressed to see how environmental defenders are derided by some of the mainstream UK media and in the political sphere. By deriding environmental defenders, the media and political figures put them at risk of threats, abuse and even physical attacks from unscrupulous persons who rely on the toxic discourse to justify their own aggression. The toxic discourse may also be used by the State as justification for adopting increasingly severe and draconian measures against environmental defenders. In the course of his visit, he witnessed first hand that this is precisely what is taking place in the UK right now. This has a significant chilling effect on civil society and the exercise of fundamental freedoms.

As a final note, during his visit, UK environmental defenders told him that, despite the personal risks they face, they will continue to protest for urgent and effective action to address climate change. For them, the threat of climate change and its devastating impacts are far too serious and significant not to continue raising their voice, even when faced with imprisonment. We are in the midst of a triple planetary crisis of climate change, biodiversity loss and pollution. Environmental defenders are acting for the benefit of us all. It is therefore imperative that we ensure that they are protected.

A spokesperson for the UK Home Office, the government department that tackles policing and other elements of national security, said that “while decisions on custodial sentences are a matter for the independent judiciary, the Public Order Act brings in new criminal offences and proper penalties for selfish, guerrilla protest tactics.”

Sacha Deshmukh, Amnesty International UK’s chief executive, said: “The UN special rapporteur offers a damning indictment of the repressive crackdown climate activists in the UK face for exercising their right to peacefully protest.”

“The UK Government seems more intent on creating a climate of fear than tackling the climate crisis.“

The full report can be accessed here: Aarhus_SR_Env_Defenders_statement_following_visit_to_UK_10-12_Jan_2024.pdf (unece.org)

Sources: CNN; Guardian; UN, Mail on Line. [There does not seem to be a report on this in the Daily Telegraph]. All accessed 25 January 2024

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