Pupil Barrister

Tag: Human Rights (Page 20 of 40)

Human Rights Under Attack Again

Plenty of Sharp-bait in the media this morning. David Cameron will give a speech today criticising the European Court of Human Rights, for going against the laws and judicial decisions of Council of Europe countries.
I’ve argued before, in a post on paedos and prisoners, that in the human rights framework, a judgement that frustrates the populist sentiment is a feature, not a bug. The case of Abu Qatada is cited as an example of a problem, but I see it as the system working well. The man (odious as he may be) hasn’t had a proper trial, and the European Court pointed this out. What’s wrong with that?
The response from the reactionaries is “he doesn’t deserve a fair trial”. This implies a two-tier system of liberty and justice, an Us-and-Them approach which eventually dehumanises certain groups. We need an effective justice and security system to provide some protection against violence and extremism. But it has to apply a consistent set of rules and procedures if it ismto woeffort perky. And we also need an external court of human rights, to protect us from the careless elements in our own society, who are happy to dispense with due process whenever it is not to their taste. it’s a shame that our Prime Minister is pandering to these “careless elements” and I hope the other party leaders, Nick Clegg and Ed Miliband, do not follow suit.

A Tale of Two Authors

Compare how two authors deal with book reviews that they believe to be defamatory.
First, Chris McGrath, author of “The Attempted Murder of God: Hidden Science You Really Need to Know” took blogger Vaughan Jones to the High Court over a review that Jones posted on the Amazon website, of all places.  The judgement on whether this case can proceed is expected today.
Historian Niall Ferguson was similarly upset by a negative review.  His book Civilisation was eviscerated by Pankaj Mishra in the London Review of Books (a much more credible and prominent platform than Amazon’s product review pages).  Ferguson felt he had been defamed as a racist.  However, in contrast to Chris McGrath, Ferguson chose a different forum to express his grievance and demand satisfaction – the letters page.
This approach – fighting words with more words – is precisely the kind of counter-speech I advocated in my ‘Way of The Blogs‘ piece for the Guardian a couple of years ago.  It offers a form of redress to the aggrieved person, while avoiding censorship, and it is also much cheaper.  I think it is a much classier way of dealing with critics, than hauling them down to the Royal Courts of Justice.

Putting the Power of Censorship in the Hands of the Mob

 

English Defence League / Unite Against Fascism protest, by Matthew Wilkinson on Flickr

English Defence League / Unite Against Fascism protest, by Matthew Wilkinson on Flickr


Here’s a post first published earlier today on Labour List (a new venue for me).  I hope there will be comments to which I can respond in a follow-up post.
The riots seem to have brought out the worst in our politicians.  You would think our political class would be well aware of the perils of knee-jerk responses and short term expediency, but apparently not.  First, a few Conservative MPs (the Prime Minister among them) have called for social networks to be interfered with in times of crisis – an astonishingly cynical and hypocritical idea, given our condemnation of the Iranian and Egyptian regimes when they did the same thing.
Not to be outdone, a group of Labour politicians have now put opportunism and short-term thinking above the principles of good democracy.  The leaders of thirteen London Boroughs, together with John Biggs AM and MPs Rushanara Ali and Jim Fitzpatrick, called for a proposed EDL march in Tower Hamlets to be banned on account of the cost of policing, which they say “would simply be too great”.
The potential cost of policing the march wass half a million pounds, which is be no small sum to remove from London’s clean-up effort.  But the costs of banning the EDL march will be much higher in the long term.  It will fuel resentment among those wishing to march, and award them the status of ‘free speech martyrs’ that they crave, but do not deserve. Their warped view of immigration and their fantastical idea of what constitutes ‘true’ British culture will remain unchallenged once again.  This will only lead to more tension and conflict that the police will have to spend time and resources to contain.
Citing costs as a reason to deny political or artistic expression is a classic argument used by despots abroad to suppress internal opposition.  Of course, there is no comparison between our democracy and their tyrannies… but that’s an argument that carries zero weight when you’re campaigning for human rights in those places.  Cameron’s suggestion that we censor social media, and the Labour call for the banning of this EDL event, will hamstring the fight for free expression elsewhere: “You do it, so why shouldn’t we?”
Worse, this excuse also puts the power of censorship into the hands of the mob.  For example, in 2004, a small and unrepresentative group of youths were able to stop performances of Behzti at the Birmingham Rep Theatre (which they found offensive), by threatening to cause chaos that the police were unable to stop, on grounds of cost.   Six years later, another theatre had to fight tooth-and-nail to ensure that the police would guarantee the safety of performers in another play by the same playwright.  If this precedent persists, then we give extremists like the EDL, the BNP, or Islam4UK an ongoing permit to shut down any gathering they disagree with.  Already we’ve seen local councils bullied into withdrawing Moonfleece, a play that challenges far-right extremism… because those same extremists threatened ‘trouble’!  Arguments that seek to ban the EDL, however well-intentioned, slide inexorably into the banning of others, and eventually, banning everyone.
When the riots erupted across our cities earlier this month, we rightly saw them as a threat to our way of life.  We demanded the police throw all their resources at the problem, regardless of the cost in these austere times.  The right to freedom of expression must be protected by the police with equal vigour, and it’s odd that our London councillors have forgotten this.
To argue that the EDL must be allowed their right to march is only the beginning of the discussion.  Those who advocate the right to free expression have a moral obligation to challenge those who preach hate and division.  No one is arguing that an EDL march will not exacerbate tensions in Tower Hamlets, but these can be diffused without trampling on the right to association and assembly.  This is where we need leadership, from those very same elected Labour representatives who signed the letter in the Guardian on Monday.  I met and campaigned with Rushanara Ali and Jim Fitzpatrick when I lived in Tower Hamlets – They are both deeply respected in their constituencies.  They, together with the Mayor of London and the Metropolitan Police, have both the wit and the standing to co-ordinate and lead a peaceful response to the EDL.  Why did they not playing a central role in the Unite Against Fascism counter-protest?  So far it has only garnered support from the unions and the mosques.
It is down to our politicians to present the contrast between the thuggery of the far-right, and the vibrancy of multicultural inner-city life, all while respecting free speech.  Granted, this is not as simple as just banning the march. But we elect our Members of Parliament and Councillors to take on these difficult tasks, not to engage in easy, knee-jerk letter-writing.  Time for Labour to lead.

 

Police prepare for an EDL march in Leicester. Photo by robotswanking on Flickr

Police prepare for an EDL march in Leicester. Photo by robotswanking on Flickr

Debating Breivik's Manifesto

As tweeted yesterday, I was asked onto Paul Hammond’s morning show on UCB Radio, to discuss Norwegian gunman Anders Behring Breiviks’ manifesto, which has been published online.  I made the case that, unpleasant though Breivik’s views are, censoring his manifesto would only give him a martyrish status.  Also, the reasons given for suppressing such writings would quickly be used to attack and censor other books (like the Bible).

Here is the audio of my segment [6 Mb].


On the UCB’s Facebook page, a few people raised dissenting views.

… surely the human rights of the Norwegian students and there families should be held in higher esteem the Anders Behring Breiviks. He gave up his rights the moment he blew up the building in Oslo.

I think this is just a confusion of the concept of human rights.  Of course rights such as free expression may be lawfully removed, but its wrong to say that a killer or any other hated person in society can forfeit their rights in this way.  If that were the case, we would call them ‘privileges’ not ‘rights’.
Another common sentiment:

But I would caution against publishingg such material. Not everyone has the wisdom or intelligence to be able to read it. God forbid but what if there was to be a copycat killing because of publishing this?

To this, I am reminded of Bronwen Maddox writing in The Times, discussing the ramblingsof another killer, Cho Seung Hui:

The accusation that the NBC broadcasts may provoke copycat attacks — the most serious charge against the network — appears to rest on a notion of severe mental illness as contagious, common and predictable.

UCB is a Christian radio station, and as such there were a few comments invoking the more nebulous concepts of God and Satan:

He had his foot in satans kindom, he is a freemason wich is v evil ,he also listend 2 chantin an playd demonic games on computa,he gave the devil an entrance 2 his mind.ther so much ocult activities that warp the mind an insesetive the value of life

I don’t think this is helpful.  Evil and even satanic Anders Breivik may be, but these are adjectives to describe his end state of mind, not the process by which he became like that.  Explaining a good or a bad act as being the work of God or Satan is a way of avoiding hard thoughts and (maybe) a difficult truth.

The Cost of Terrorists and Dictators

Ezra Klein in the Washington Post:

Has any single human being, either directly or indirectly, cost the United States more money than Osama bin Laden? Even a very partial, very haphazard, tallying of the costs from 9/11 reaches swiftly into the trillions of dollars. … Has any single individual even come close to costing America that much? Adolph Hitler is probably one of the few candidates

That reminds me of this link I posted in 2005, pointing out the cost of the Iraq War was in the region of $1.25 trillion.  Professor Keith Hartley suggested that it would have been cheaper and quicker to have paid Saddam Hussein and his family a few billion dollars to go into exile.
However cheap (relatively speaking) such a deal would be, we know it would never be workable.  Revolutions and regime change stem from the terrible treatment of citizens by their Government and Leader.  These injustices can never be considered ‘corrected’ if the wrong-doers swan off into luxurious exile.  Our sense of what is morally right – that tyrants and genocidaires should be brought to justice (or at least killed) – trumps pragmatic considerations.  We have an inate belief that this approach is worth the continued sacrifice of our soliders, and the chaos and cost in the world economies.  Breaking this understanding, via the sterile calculations of a Cost-Benefit analysis or Return on Investment figures, would ultimately lead to bigger wars.

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