Posts Tagged ‘Salisbury’


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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Showing of the film Hooligan Sparrow in June

We are pleased to be able to show the documentary film Hooligan Sparrow at the Arts Centre on Thursday June 14 starting at 7:30.  It will be free but it will be ticketed and we are currently exploring ways to get tickets.  There will be a parting collection to help cover our costs.

The film is set in China and the danger is palpable as intrepid young filmmaker Nanfu Wang follows maverick activist Ye Haiyan (a.k.a Hooligan Sparrow) and her band of colleagues to Hainan Province in southern China to protest the case of six elementary school girls who were sexually abused by their principal.

Marked as ‘enemies of the state’, the activists are under constant government surveillance and face interrogation, harassment, and imprisonment.  Sparrow, who gained notoriety with her advocacy work for sex workers’ rights, continues to champion girls’ and women’s rights and arms herself with the power and reach of social media.

Filmmaker Wang becomes a target along with Sparrow, as she faces destroyed cameras and intimidation. Yet she bravely and tenaciously keeps shooting, guerrilla-style, with secret recording devices and hidden-camera glasses, and in the process, she exposes a startling number of undercover security agents on the streets.  Eventually, through smuggling footage out of the country, Wang is able tell the story of her journey with the extraordinary revolutionary Sparrow, her fellow activists, and their seemingly impossible battle for human rights.

(text taken from the website of the film)

Please keep an eye on this site and or on Twitter and Facebook (salisburyai) for details of how to get the tickets.   If you are interested in joining us this would be a good opportunity to make yourself known to a member of the group before or after the showing.

New followers

Posted: April 16, 2018 in "Human rights"
Tags: , ,

It is gratifying to have seen, over the past few months, a steady increase in the number of people following this site.  If you are one of those, welcome.  We hope you find the mix of local group news and some comments on international human rights issues, interesting.

We are always pleased to see new members join the group and as we have said before, the best way is to come along to one of our events and make yourself known.  It is free to join us in Salisbury.  We welcome people from the Salisbury area generally including Amesbury and the Plain, Downton and as far west as Tisbury and Mere.

We also have a Twitter page and we are on Facebook – both can be found with the salisburyai name.


April minutes now available

Attached are the minutes of the last group meeting thanks to group member Lesley for compiling them.  We discussed the Celebration event (now cancelled); a summary of the death penalty report; North Korea; the film at the Arts Centre and future events generally.

April minutes (Word)


If you are interested in joining the group then either the film or the market stall are both opportunities to come along and introduce yourself to group members.  See the minutes for details of forthcoming events.  Also follow us on Facebook or Twitter – salisburyai


We have reluctantly decided to cancel an event – planned for June this year – which was designed to highlight the positive aspects of the Human Rights Act and the benefits we all receive from human rights legislation generally.  It was to consist of a week of talks and other events in Salisbury with the overall theme of emphasizing how human rights have improved the lot of citizens in the UK.  It was arranged during the anniversary week of Magna Carta.

The idea for the event was spurred by the negative press this legislation receives and the drubbing that European institutions get from our media.  It is connected loosely to the Brexit debate where one of the guiding principles of those who wish to leave the EU is to be free of what they perceive as interference in our justice system by the European Courts.

In planning the event we had assumed that legal firms in Salisbury would be willing to support it and it was something of a surprise that none would.  Indeed, the majority did not reply to our requests.  One firm even hosts a human rights organisation but still did not reply.  We did eventually secure some financial support (from Poole) but it arrived probably too late for us to be able to do the planning.

So it will not now take place which is a pity.  Salisbury has recently become associated with the poisoning issue and allegations that Russia was to blame: highly likely in view of their previous behaviour and the nature of the attack.  At base is the issue of human rights.  Russia – if it is them – is a state in which lawlessness is now the norm.  There is no free press and corruption is the order of the day.  ‘Dirty’ money is looted by the Putin regime and much of it finds its way into the City of London.  Journalists are murdered and anyone looking like they might be a threat is prevented from standing in elections.

In the UK, despite many unsatisfactory aspects in our political process and the revolving door corruption, we are still able to vote them out – a luxury the Russians do not enjoy.  Ordinary people have more rights as a result of the Human Rights Act than previously yet they are constantly told that the act is a menace and needs to be got rid of.   It is sad that we were unable to celebrate this fact.

 

 


Happy Birthday Taner

On 6 June 2017, our friend and colleague Taner Kılıç, a human rights lawyer and the Chair of Amnesty Turkey, was arrested.  He has been in prison ever since.  Taner is currently on trial, charged with “membership of an armed terrorist organization”.  If found guilty he faces up to 15 years in jail.  He has done nothing wrong.  Taner is not a terrorist, Taner is a human rights defender and lawyer.  Taner was one of the first lawyers in Turkey to advocate for the rights of refugees and has spent his working life trying to better the situation of refugees who have fled to Turkey.

Members of the Salisbury group of Amnesty send birthday greetings to Taner.

Salisbury group, Taner

Members of the Salisbury group. Pic: Salisbury Amnesty


If you would like to join the local group you would be very welcome.  Come along to one of our actions and make yourself known.  Details will be posted here and on Twitter and Facebook – salisburyai


The Salisbury group meeting takes place tomorrow starting at 7:30 in Victoria road as usual and all supporters are welcome.


Minutes of the February group meeting

The minutes of our last meeting are now available thanks to group member Lesley for compiling them.  We were pleased to welcome a new member to the group.  We discussed the death penalty, the Celebration event (now looking doubtful), North Korea, the next film and more.

February minutes (Word)

New members always welcome.  Keep an eye on this site or Twitter and Facebook to see what we are doing and make yourself known.

Group meeting

Posted: February 8, 2018 in Group news
Tags: , ,

Group meeting tonight at 7:30, Victoria Road – supporters welcome.  Has now taken place – minutes soon.


The minutes of the group meeting in January 2108 are attached thanks to group member Lesley for preparing them.  We are pleased to see a further increase in the numbers following the Website – the biggest monthly rise ever.  New members are always welcome and our next meeting is on February 8th in Victoria Road but always check beforehand in case there is a change in venue.

January minutes

 

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