Pupil Barrister

Tag: Human Rights (Page 22 of 40)

On How We Go To War

Amid all the frantic late night comments about the UN resolution to finally act in Libya, this tweet from @techsoc stood out:

All intervention is risky & w/ great downsides. A non-intervention is also an intervention; letting Gaddafi kill using weapons we sold.

I think this an interesting companion thought to Sunder Katwala’s bolshy piece on the subject of whattaboutery (a topic Johann Hari previously dealt with in this hardy perennial). Sunder explains why it is worth intervening in Libya when we might not do so elsewhere. First, there has to be a clear and present humanitarian crisis (this is not present in most examples of despicable oppression, a small mercy). Second, intervention has to be possible and practical. This generally means the support and assistance of major regional players like the Arab League or African Union, who are notoriously lethargic. And third, the intervention requires a legitimacy, again related to what important external stakeholders think, but also what those inside the country ask for. These three checkboxes provide a case for what Sunder calls contextual universalism. It matters – at least to me – because it articulates why I had a gut feeling that the Iraq war was wrong, and the current intervention is right. This is despite the fact that the documented brutality of Saddam Hussein was ever bit as bad as that of Colonel Gaddafi.
The cautious approach is clearly a response to the bungling of Iraq. I watched some of the collegiate House of Commons debate on the issue yesterday, and most of the contributions, from Nicholas Soames to John McDonnell, were infused with the considerations that Sunder lays out. This approach to Foreign policy – the need for practicality and legitimacy, the need to be seen to be going to war for the right reasons – is obviously influenced by how unsuccessful the hawkish and shameless approach of Bush/Blair turned out to be. in 2006 I wrote in this space how protest actually serves to influence future policy more than current policy. I quoted Tim Ireland of Bloggerheads, who wrote:

… someone has to be called to account or the next batch of power-mad bastards – here or abroad – will think they can get away with exactly the same thing.

Well, Tony Blair was not forced kicking and screaming from office in the way Tim hoped. Nevertheless, the way the British and American Governments have acted during this current crisis is telling. It is clear that they have been profoundly affected by the uproar we caused last time. David Cameron is rightly being praised for his handling of the crisis, but his course of action was defined by the parameters set for him by recent history. And those parameters were set by us, the awkward squad of protesters and dissenting bloggers. For that, I think we can claim some credit.

Update

I did not see The Andrew Marr Show but @DrEvanHarris did:

Shami points out Blair Iraq effect coming home to roost. No public appetite for deploying ground troops even in humanitarian cause. #marr

Where is Ali Abdulemam?

Ali Abdulemam

Ali Abdulemam


How many ways can the world’s news media face? There is an environmental and human catastrophe brewing in Japan, and Libya seems to be temporarily cowed by the recent UN resolution. That shunts Bahraini protests into the third spot – at best – on any news bulletin.
Today English PEN received a few disturbing reports from that country that deserve a little more air. First, we’ve received reports that Ali Abdulemam, a prominent activist and ‘blog-father’ of Bahrain (so called because he set up the first free uncensored forum there) has gone missing:

His uncle described the scene last night when 50 heavily armed policemen came to arrest him, just a few weeks after he was released as a part of concessions to placate Bahraini protesters. … At around 1.15am on 18 March the housing complex in Aali where Ali rented a flat from one of his cousins awoke to hear the metal gate outside being riddled with bullets.

Ali’s twitter feed is rather chilling. It is full of chatter up until yesterday, and then there is a single curt and entirely uncharacteristic message:

I get tired from my phone so I switched it of no need for rumors plz

I note that it is the only message in the stream to have been posted from an Android phone, which is odd. Moreover, his twitter page gives the location for that tweet as 26.267457, 50.618742 which is no-where near his home in Aali… but is near the airport, Ministry of Transport and police training centre.

Radio Litopia: A Town Named Sue

The Litopia online writers colony broadcasts several weekly podcasts on various aspects of writing and literature.  I was invited onto the Debriefer show, presented by Donna Ballman, to discuss the pressing issue of libel reform.
You can listen to my dulcit tones right here.  If it leaves you inspired, you can always head over to www.libelreform.org to find out how you can help the campaign.

Royal Courts of Justice. Photo by Yrstrly off of Flicker.

Royal Courts of Justice. Photo by Yrstrly off of Flicker.


 

By Spreading Out We're Harder To Stop

I am sure readers will be aware of the long-running global discussion about the role social media can play in revolutions.  Clearly, Facebook and Twitter can catalyse opposition to authoritarian regimes, and spread news of protests and government oppression between citizens, and to the world at large.
In Egypt, Hosni Mubarak’s heavy handed response to online opposition may actually have quickened his fall.  He and his cronies felt they had no option but to ‘switch off’ the Internet, depriving the entire country of proper connectivity.  This was an obvious ploy which only signalled the regime’s desperation.  The protesters in Tahrir Square were emboldened.
In the future, however, oppressive governments may become more subtle and savvy in their approach to censorship.  In Episodes #81 and #82 of the Rebooting the News podcast, Dave Winer and Jay Rosen discuss this problem at length.   Winer explained out that Twitter and Facebook could be nixed by regimes.  An Internet ‘kill switch’ is bad for governments, because it signals to the people that the protests are working.  Instead, oppressive governments will try to develop tools which simply filter out content which undermines their agenda, yet maintains the appearance of normalcy.  The Chinese regime does this very well, and managed to selectively filter out references to Egypt for Internet users inside China.  Having witnessed the sobering examples of Mubarak and Ben Ali, other dictators will begin to commission tools to achieve this. Corporations (which, we must remind ourselves, include Twitter and Facebook) will be happy to do this, in exchange for access to the emerging markets these countries represent.
Winer expands on this idea on his blog, Scripting.com:

They can do the same with Facebook that they do with Assange. There’s all kinds of crazy stuff you can do at a firewall to make one site appear to be having technical problems. Real technical problems (but fake ones nonetheless). There are consultants calling on generals all over the world, right now, selling them wonderful Internet dashboards that selectively and randomly make sites appear to have problems of their own, not caused by the government. Permanent link to this item in the archive.
Anticipating this, we have to create communication networks on the Internet that require that the whole Internet be cut off in order for them to be cut off. The reason is simple. The people who are being manipulated will know they’re being manipulated. In a centralized social space, there could easily be doubt. I know this is a complicated idea, but the intellects are at work, I promise you. They are smart, we have to be smart too. Permanent link to this item in the archive.
It’s important that people learn to manage their own infrastructure. It’s going to happen, we can do it. We can make servers much easier to set up and maintain, and do more stuff that’s meaningful to people like the people in Egypt fighting for freedom. By spreading out we’re harder to stop. Permanent link to this item in the archive.

This strikes me as being one of the most important ideas for freedom of expression right now, and a crucial lesson from the Egyptian uprising.

Pædos, Prisoners, and Cameron's Attack on Human Rights

First they came for the prisoners.
A few weeks ago, MPs voted to ignore the European Court of Human Rights. The court in Strasbourg had said that a blanket ban on prisoners voting was incompatible with human rights law, and that the British government should rectify this. Following a debate in the House of Commons, Parliament thumbed its nose at the Court, as MPs voted 234 to 22 to keep a full ban on prisoners. Our Prime Minister put blatant populism above politics, declaring that “giving prisoners the vote makes me sick” (even if that means paying £143 million in compensation from the barren public purse).
Then they came for the paedophiles.
This week, we heard that those convicted of sex offences might not have to stay on the sex-offenders register for life. Last year, the Supreme Court ruled that those included on the register should be able to appeal against permanent inclusion on the list, and on Tuesday it rejected a Home Office appeal against the ruling. The Government now has to formulate a policy based on this decision. At PMQs, David Cameron called the situation “appalling”.
There are clear similarities between these two stories. Both present issues where what might be considered the popular and common-sense approach is over-ruled by judges, forcing the Government to do something counter-intuitive. Both stories will inspire tabloid frothing at judge-made law. And in both cases, there are actually good and sober reasons why the judges ruled as they did, and why we should support their decisions. In the case of prisoners voting, such a change could catalyze the reform of prisons into places that offer better rehabilitation for convicts. Moreover, if a person will be released within the lifetime of a parliament, why shouldn’t they have a say on who will be representing them once they’re out? Similar arguments exist for sex offenders: In cases where a prisoner has been rehabilitated, coming off the sex offenders register might help reintegration.
It is crucial to remember that in both cases, all the courts did was rule against an absolutist approach: No ‘blanket’ ban on prisoners’ votes; and sex offenders have the right to appeal, not an absolute right to come off the register. The best comparisons for these issues are with parole or bail – you have the right to apply for it, but you might not get it. It is left to magistrates and judges to decide, depending on the actual circumstances.
So there may well be good reasons why extending the rights of some pretty unpleasant people might improve the whole of society… but it is for the penal reform groups to advance that argument. My concern is with how both these stories have been discussed by politicians – The Prime Minister in particular. With his bully-pupit, he has set a terrible example, placing the blame with the judiciary. His comments are clearly designed to undermine the European Court, the Convention on Human Rights and its manifestation in British law, the Human Rights Act (HRA). David Cameron and his allies have never been comfortable with that document, and these outbursts are designed to soften MPs and the public into agreeing to a watered-down Bill of Rights that will make our standing as citizens more tenuous.
Everyone remembers Pastor Martin Neimöller’s famous poem, which begins “First they came for the Communists” and ends with the narrator alone, with no-one left to speak in his defence. The moral should be clear: If you don’t stand up for the human rights of others, then eventually you will lose your own rights; stand up for the rights of others, and you protect yourself. But while we remember the poem, I think we fail to relate it to the present day. Neimöller’s victims, the Jews, the Trade Unionists, and the Communists, are all inoffensive and mainstream today, so we assume we are far away from the oppression described. But what we forget is that during Neimöller’s lifetime, all these groups were among the most vilified: the rhetorical equivalent of paedophiles and prisoners today.
What the Prime Minister seems to forget, is that Human Rights laws are designed to protect the most hated in our society, not least because these people are always amongst the most vulnerable too. They are supposed to frustrate our gut reaction. They are meant to be inconvenient. That the Courts’ rulings have caused outrage is actually a feature of our democracy, and not a bug. Kudos to the 22 MPs who recognised that, and shame on the Prime Minister. By undermining the principle of human rights, he undermines us all.

Update

This was crossposted over at LiberalConspiracy.org in a more succint form.  It got a fairly good response in the comments, although Tyler makes a good point:

Voting is not a human right. As is so often confused by so many on the liberal left, it is a CIVIL right. It is thus conferred on people by the laws of the land. It is granted to an individual by citizenship, and is not unalienable or transferrable, unlike free speech etc.
If it were a human right there would be no real reason why children shouldn’t have the vote, for example…
As such, this argument that voting is some form of human right is simply the wrong one.

Mea culpa, but the central points remain intact.

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