Category: Current Affairs

Brexit: A Thought – piece

In my decision to write this piece I have chosen, much like the United Kingdom in its decision to leave the European Union, to break somewhat with established convention. In contrast to the deluge of carefully structured articles that have surfaced in the aftermath of Brexit, this post will instead be a ‘thought-piece’ – a stream of consciousness whose design reflects not only my mental chaos as I try to grapple with this occasion, but also the economic, political and social chaos that has gripped the country in the wake of it. In truth it is difficult to know where to start with Brexit, some of the reasons underpinning it are as old as the UK itself, deeply rooted in a history of empire as well as in class politics. On the other hand, some of its conduits were decidedly modern and were anchored in the waters of globalisation, rapid social change and a climax of Euroscepticism carefully whipped up by far right parties in the run up to the vote. Whilst volumes could be written about any one of these topics, in this piece I will pick out a few of the key themes that were the heart of the referendum and bounce them around my echo-chamber in order to offer an insight into some of my thoughts on our European exit.

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Democracy

“Democracy” was the buzzword of the leave campaign, a slogan repeatedly chanted like some Vedic hymn both in the run up to and after the EU referendum. “The EU is undemocratic” they cried, “we need our democracy back” they howled. As an initial thought, it’s strange that a negative definition is as close as we ever seem to get to the concept of democracy. In other words, whilst we seem to have a pretty good idea of what democracy it is not, we have virtually no idea of what it is? We know for example, that it is not rule by military might, nor divine right (although many believe that our monarchy contradicts this principle) but who can truly say that they know what democracy is? Philosophers and political theorists have long posited that democracy is best defined as the will of the people as expressed through their vote. That definition seems attractive at a glance and was central to leave campaigner rhetoric in the run up to the referendum, but the immediate question raised is – what if not everybody votes? It’s worth noting that only about 70% of the eligible voting population cast their vote in the EU referendum and the leave camp won by a majority of 51%. Can we really say that the ‘will of the people’ has been exercised when under 40% of the population voted in favour of Brexit? It is clear that lack of voter turnout doesn’t automatically equal lack of democracy, but as an article I read recently suggested, the fact that a vote from such a low percentage of the population on such a critical issue can carry the day can be argued to be indicative of a glaring deficiency in our democratic process and the line between deficient democracy and undemocratic is anything but clear.

Prolific African writer Chinua Achebe once argued that one of the most important aspects of democracy was an “educated, participatory followership”. I have already touched on the lack of participation surrounding the referendum, but perhaps a more troubling question is to what extent those who voted were indeed “educated” in regards to the EU before they cast their lot? Having been born and raised in Britain, I have always been alarmed at just how little the EU features in our domestic education system and despite having been through one of the country’s more rigorous secondary schooling systems, it was not until I studied law at University that I can claim to have developed any real knowledge of the history and workings of the EU. This academic deficit permeates all levels of society and many at the time of the referendum questioned whether they had sufficient knowledge of the EU or perhaps more importantly, what leaving it might mean, before they made their decision. This is not to suggest that if people had this knowledge, they would have definitely voted to remain, but a shadow is definitely cast over the democratic value of a process where many of those voting were unsure as to the subject matter of their vote.

Sovereignty

Closely linked to the cries for a return to democracy were calls that Britain needed to exit the EU so as to ensure the “return of British sovereignty”. Sovereignty is defined as the authority of a State to govern itself and the argument was made by many leave campaigners that Britain had been sucked into the EU and was being forced to adopt any and all of its policies. We had thus effectively lost our ability to self-govern and were being “ruled from Brussels”, so the argument frequently went.

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In response to this point, we need only look briefly to history which shows that whilst we may have ceded some of our decision-making power to the EU, this was entirely our own choice. When Britain joined the EU in 1975 under the conservative Government of Edward Heath, it had been long established that joining would entail some loss of sovereignty. In 1963, more than 10 years before the UK joined, the Court of Justice of the European Union had ruled that “the [European] Community constitutes a new legal order in international law for whose benefit the states have limited their sovereign rights”. Shortly after this decision, the Court reaffirmed this position, holding that “The transfer by the States from their domestic legal system to the [European] Community legal system…carries with it a permanent limitation of their sovereign rights…” These decisions made crystal clear that any State joining the EU would be required to relinquish some of its sovereignty and it is bizarre that now, almost 50 years after nevertheless choosing to join the EU, loss of sovereignty was such a pivotal issue in the referendum. There is of course the argument that the UK were not sure of just how much sovereignty they would lose as a member of the EU but the reality is that since joining , the UK has maintained the largest share of its sovereignty as compared with any other member State. We opted out of the Schengen agreement abolishing border controls between member states, opted out of the monetary union rejecting the euro as a form of national currency, secured opt-outs for certain provisions of the EU Charter on Fundamental Rights and we also opted out of certain provisions of the EU area of freedom security and justice. This ‘a la carte’ approach to the EU can hardly be squared with the notion that the UK were helplessly accepting all of its rules and our relationship could rather be characterised as the UK holding the EU to ransom, forcing it to adopt our policies and rules.

Some have suggested that in place of our current relationship with the EU, they would like to have an agreement similar to that of Norway and Switzerland which both have single-market access but are not part of the Union. They argue that these countries have been able to retain a greater share of their sovereignty whilst still being able to reap most of the benefits of the EU. A closer look at these countries relationships with the EU however, reveals that this argument is specious. To begin with, a consequence of Norway’s non-membership in the EU has meant that whilst it has had no say in the EU’s law making process, it has nevertheless been required to adopt the majority of the EU’s legislation and has implemented all of the four freedoms including the free movement of persons – the most controversial of all freedoms in the run up to Brexit. Switzerland is in a similar situation and is required to accept the vast majority of EU Laws whilst having no say in their development. If our leaving now means that we will be forced to replicate these models, It is highly doubtful whether more sovereignty really will be the result of our Brexit as some have argued.

 

Immigration

The issue of immigration was at the heart of the referendum. I would not go as far as to say that the other issues were tangential, but it is without doubt that the foremost reason that many people voted to leave the European Union was because it had become associated with uncontrolled, and uncontrollable, immigration. From the outset it must be noted that the very portrayal of immigration as a problem, and only a problem, in the run-up to Brexit was spurious. Immigrant communities have for centuries contributed to the enrichment of British society bringing not just culture but, perhaps more importantly, labour to the country. It was the large scale immigration from commonwealth nations at the invitation of the British Government post WWII that helped to re-build the nation and transform it from its ravaged, financially embattled state into one of the most prosperous countries in the world today. It must also be remembered that even in present times, many of our public indImage result for empire windrushustries are in large part dependent upon immigrant workers  and that immigrants continue to make an immensely useful contribution to British society. These aspects were scarcely touched upon in the run up to the referendum, with the leave campaign choosing to focus exclusively on the problems raised by immigration and the remain campaign, concerned about the potential fallout from any talk of ‘good immigration’, happy for the most part to simply counter their assertions.

 

There are of course problems related to immigration within the UK however, one of the biggest obstacles to solving these issues has been terminology, with the word ‘immigrant’ being used as a ‘catch-all’ term to lump together very different groups of people. There were essentially 3 main groups that the leave campaign targeted in their bid to leave the EU: Recent EU Migrants, recent Non-EU migrants and immigrant populations already resident in the UK. In relation to EU migrants, the main issues were reported to stem from two main factors which were wage depression affecting mainly working class communities and competition for housing also mostly affecting working class communities. Whilst there is evidence that wages across some industries have fallen in recent years, there has certainly not been one cause of this and it has not been established whether EU migration was even a factor, with many citing the global recession and government austerity policies as the main driving factors behind this phenomenon. In terms of housing, again whilst EU migration may in some instances have increased tensions in this area, there is not a single answer to this question and many agree that the housing crisis in the UK has infact been the result of an epic failure of public policy by consecutive Governments who have failed to build enough houses to meet growing demand. In relation to non-EU migrants, their numbers have increased in recent years, but many who have been categorised with this label are not simply ‘migrants’ moving for potentially economic reasons, but rather are refugees, fleeing wars and persecution. I have elsewhere written about Britain’s involvement in many of these overseas conflicts and it is ironic that whilst we have contributed heavily to the international displacement of persons, we continue to lament taking some of the smallest numbers of refugees in proportion to our population than any other major European nation. The supposed ‘problem’ raised by the third class of person, immigrant communities already here, deserves special mention. Far from presenting a genuine problem for voters to consider, this argument played on prejudicial fears of immigrant communities ‘taking over’ British culture. It rested solely on racial and religious hatred and since Brexit, many who voted simply because they do not like immigrant communities and ethnic minorities have reared their heads, buoyed by feelings that their sentiments are in the majority. This has led to a sharp rise is hate crime in the UK and remains one of the more alarming legacies of Brexit.
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It is not yet known what will became of the United Kingdom after Brexit. The general economic picture is reported to be bleak, and some have even predicted a constitutional crisis may be on the horizon as Scotland and Northern Ireland consider whether they will remain part of the UK in future. In my view, one of the most damaging aspects of Brexit is neither economic nor political, but rather that it sends a message to the world that despite the fact that most countries are moving ever closer together, the UK has a vein desire to move backwards; To ossify its borders whilst most are becoming more fluid and to isolate its culture whilst most are becoming more intertwined. As someone who has spent much time living abroad, I know that perhaps more than anything else, it is this image of a reactionary UK, unable to cope with change that will be the lasting legacy of Brexit and our departure is all the more dispiriting as the arguments for it rested on such feeble footing.

 

 

 

 

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Europe’s ‘Migrant-Crisis’ : A self-inflicted wound?

In the wake of the large number of asylum-seekers entering Europe from the Middle-East and Africa, the majority of political and media attention has been focused on the question of which European countries should be responsible for accommodating these people and in what numbers. The narrow focus of this debate has ignored the root causes of the crisis, causing many to disregard the critical role played by many European States in the creation and continuation of hostilities in these asylum seeker’s countries of origin. Through an examination of this role, it is clear that Europe bares great responsibility for the people reaching its shores and in many ways, can be said to have engineered its own crisis.

Syria

The greatest number of asylum-seekers arriving in Europe in recent times have been from Syria and this is the result of a long and bloody civil war between State security forces and armed rebel factions which has ravaged the nation’s civilian population. Since the outbreak of the Syrian civil war in 2010, several European States have been implicated in the provision of both financial and military assistance to anti-government forces in their attempt to overthrow the regime of President Bashar Al-Assad and crush his supporters. In August 2012 the British Government announced that it would be sending 5 million pounds to opposition groups in Syria to aid them in their military operations. In addition to providing financial assistance to the rebels, the UK has also been involved in the establishment of military camps in neighbouring States Turkey and Jordan where they have been training rebel fighters. As well as the United Kingdom, France have also played an active role in the Syrian civil war. In 2014, French President Francois Hollande revealed that France had directly supplied weapons to opposition groups in Syria. The direct supply of weaponry to the rebels was made possible after the EU voted to lift an arms embargo on Syria which prohibited the exportation of arms directly to rebel militias. European States have also used indirect means to supply weaponry  to rebel groups, such as through the trade of arms with Gulf States who have funnelled these weapons to the opposition factions they support. This supply of financial and military assistance to anti-government forces has had the effect of substantially prolonging the life of the Syrian civil war which has led to millions more civilian deaths, internally displaced persons and asylum seekers travelling to neighbouring States and also to Europe to escape the violence.

Afghanistan

The second largest number of asylum-seekers arriving in Europe in recent times are reported to be from Afghanistan, another nation which for years has been riven with internal strife and violence. The involvement of European nations in Afghanistan is well documented and dates back to 2001, when in response to the September 11 attacks in the United States, Britain, later joined by NATO forces from Europe invaded and occupied Afghanistan. In 2003, NATO took permanent command of the International Security Assistance Force (ISAF) and became embroiled in a bitter war with Taliban rulers for the control of key cities within Afghanistan. 2015 is reported to have been one of the most violent years since the Afghan War began with over 5,000 civilian casualties reported this year so far. The perpetual fighting between Afghan, European and US forces has led to the immense displacement of persons as tens of thousands of civilians have fled, many of them to Europe, in order to escape the increasing violence and unrest in the nation.

 

 

 

 

 

 

 

Libya

Libya also represents a common destination from which many of Europe’s recent asylum-seekers have travelled. Prior to events which culminated in foreign military intervention in 2011, Libya was a relatively stable nation with reportedly one of the highest standards of living on the African continent. Due to its large crude oil reserves, it was also one of the founding member states and key nations within OPEC, the organization of petroleum exporting countries. In 2011, Libya descended into a fierce civil war between the security forces of then President, Muammar Gaddafi and armed rebel militias. Following a call from the United Nations for member states to take all measures to “protect civilians and civilian populated areas…while excluding a foreign occupation force of any kind”, a foreign intervention force led by NATO began to offer military support to the rebels, as well as to carry out airstrikes and naval blockades aimed at weakening the President and his security forces. Thousands of civilians died during this period of bitter fighting between Gaddafi’s security forces and western-backed militias determined to overthrow him. As well as high numbers of civilian deaths, the fighting led to thousands of internally displaced persons and many fled the country, seeking asylum in neighbouring States and the West. The killing of Gaddafi created a power-vacuum in Libya and ferocious internecine warfare ensued between the controversial new government and well-armed militias who refused to disband once the new Libyan government was in power. This has been dubbed by many as Libya’s ‘second-civil war’ and has resulted in large numbers of civilian casualties and displaced persons. In addition to this, since the fall of Gaddafi’s government there have been several reports of systematic, racially motivated murders of black African workers by rebel forces who are reported to operate with impunity in the now lawless country. This ongoing violence has led to thousands of civilians fleeing the country, many of whom have made their way to Europe in order to escape the violence.

The above demonstrates the key role that several European nations have played in the violent conflicts many asylum-seekers now travelling to the continent are risking their lives to escape. This role has been characterised both by the provision of financial and military assistance to various armed factions and by the direct intervention of European forces within these foreign conflicts. Instead of bringing about a swift-resolution to these conflicts, European involvement has had the effect of intensifying and protracting these armed struggles, the result of which has been an even greater exodus of people, many of whom have fled to Europe in search of safety. In many ways therefore, the ‘migrant-crisis’ has been a phenomenon of Europe’s own making and it is clear that as such, European nations should take far more responsibility for these desperate people’s accommodation.

The Importance of a Goal

This blog was originally scheduled to be entitled, “The importance of a plan”, but when I began to think about it, whilst some people would advocate planning every step of our lives, experience has taught me that despite our best efforts, we can’t always stick to our plans. Life has a terrific tendency to throw us curve-balls and as we grow we often develop new ideas and perspectives that cause us to deviate from our original plans. That’s why I believe it’s important to have an overall goal; that way, no matter how much our original plans change, we have a firm grasp of what general direction we are heading in and can make decisions about what steps to take in order to get there.                        Woman making to do list

What Type of Goal?

The first question you might ask is what exactly do I mean when I talk about a ‘Goal’? I believe that it’s a word that, although used by many people in everyday parlance, is worth re-defining here in order to get a clearer picture of exactly what is meant. The Oxford online dictionary defines the word goal as:

“The object of a person’s ambition or effort; an aim or desired result”

What’s immediately apparent is that this is a very broad definition. This reflects the way that I also believe we should set our life goals – as broadly as possible. Broad goals allow us to be flexible in how we pursue them and prevent us from becoming disheartened if everything doesn’t quite go to plan. To explain this idea, take the goal of “wanting to help needy people”. Now it’s clear that there are a number of ways in which we can help needy people: We can for example, make that goal an integral part of our working lives by becoming an aid worker, social worker or teaching in disadvantaged schools; or we could pursue that goal as an extra-curricular activity outside of our working hours, such as volunteering time working in a soup kitchen or providing free advice at a legal centre. We can see here that whilst there are countless possibilities of things that we can do, as long as our goal remains broadly to ‘help needy people’, we will be well on our way to achieving it by perusing any number of these avenues.

set goals

In contrast, let’s take the example of a goal such as, “I want to be the head legal advisor at Amnesty international”. Besides the fact that it may transpire that Amnesty International may no longer exist by the time that we have built up the credentials to apply for such a post, there is always the possibility that in a years’ time you might want to work for a different NGO, or maybe there is another head legal advisor at that time and the post isn’t open to applicants. In this instance there would be no possible way of achieving your goal and this failure is likely to lead to disheartenment and a loss of morale.

It’s important to note here that I am not ruling out ambition. If your goal is to be Prime Minister or to work for the United Nations then that’s perfectly fine and I would personally encourage ambitious goals, I would only caution against too narrowly defined major life goals, as these don’t permit flexibility and may lead to disappointment if not attained.    

 

How many Goals?

This question seems really to be on a par with ‘how long is a piece of string?’. My answer is that we can set as many goals as we like in relation to the various different aspects of our lives. People may want to set goals for example, to help them manage their time better, to lose/gain weight or to learn a new language. In this sense, setting achievable goals can help in every area of our lives. Nevertheless, I’ve found that just having one overall life goal helps me to really focus all of my outlook and energies on achieving it. Too many of these risks clouding our perspectives and confusing our direction which can be akin to having no goal at all. confused-man

Whilst one major life goal is good to have, It’s a good idea to have many ‘sub-goals’ to help you achieve this goal. These should be more defined then your overall goal and it’s important that these are concrete and realisable so that you may track your gradual progress. Again by way of example, let’s stick with our goal of wanting to help needy people. Now we may decide that the way that we want to do this is through aid work. We might start by researching a list of non-governmental organizations that do the specific type of work that we are interested in, then set the short term sub-goal of securing an internship at one of these NGO. Once we have achieved this goal, we can then re-set our goals or if we do not achieve it we can alter our sub goal. The fact remains however that this is all helping us move closer to that broad overarching goal.

Protecting the Goal

Finally it’s important that we do everything we can to protect our goals. Whilst many people we come across might aid us in pursuit of our goals and may be able to offer advice and guidance, it’s just an unfortunate fact of life that not everyone will be inclined this way. Some people, who perhaps haven’t been successful at achieving their goals or perhaps who haven’t thought about setting any clearly defined goals for themselves, may cast judgement on our goals or sometimes attempt to convince us to abandon them altogether. Whilst I would not advocate simply dismissing the views of a host of individuals with a great deal of experience in the area that you are interested in, it’s worth taking people’s opinions in relation to your goals with a pinch of salt or sometimes better, simply not to disclose them to others at all. It’s better to live life in the pursuit of the goal and not achieve it, then to let the opinions of others stop you trying.

I will end with a quote from Andrew Carnegie regarding the importance of setting a goal:

If you want to be happy, set a goal. Goals commands your thoughts, liberate your energy and inspire your hopes. – Andrew Carnegie

SAS v France: Banned Burqas and Veiled Intents Supported at the Strasbourg Court

In an astonishing recent judgement, the Grand Chamber of the European Court of Human Rights has upheld France’s ban on the wearing of the Burqa and Niqab in public places. Whilst some commentators have heralded the decision as a progressive step in the protection of women from cultural and religious pressures, a closer analysis reveals that beyond the court’s scant and inconsistent reasoning, a worrying precedent has been set which grants states almost unfettered authority to discriminate against disfavoured minorities in the name of social cohesion. This article explores the judgment and examines its implications.

The facts

The applicant was a 24 year old female (Named ‘SAS’ by the court for reasons of anonymity) who was a resident and national of France. SAS declared that she was a devout Muslim who, due to the demands of her faith in addition to her personal convictions and culture, chose to wear both the Burqa and the Niqab in public and private situations. The applicant maintained that she did not always wear these garments and did not object to removing them for certain security and identity checks, however, she wanted to be able to wear them at certain times when she felt the need to be closer to her faith. Such circumstances included for example, during the Islamic month of Ramadan when Muslims are required to fast and typically make an effort to observe their faiths more rigorously. SAS declared that she was under no pressure to wear these garments and asserted that her decision to cover herself was entirely of her own free will as an expression of her Muslim faith.

Adoption of the French Law “Prohibiting the concealment of the face in public places” 

On 11 April 2011, law n° 2010-1192 “prohibiting the concealment of the face in public places” came into force in France. The law has an extremely broad scope and covers not only all places open to the public such as city squares and parks, but also all those where a public service is delivered, such as museums and hospitals. The penalty for contravening this law is a fine of up to 150 euros and/or a compulsory “citizenship course”.

The adoption of the law was the direct a result of a report drafted by a cross-party Parliamentary commission which was established to examine the implications of the wearing of the Veil in France. The report disclaimed the idea that the veil was a traditional expression of the Islamic faith and instead asserted that, at least in France, it was a novel phenomenon which could be linked to the rise of Islamic fundamentalism. Furthermore, the report categorized the veil as being a powerful tool in the subjugation of women and as such, inimical to the ideas of ‘liberty, equality and fraternity’ which lie at the heart of the French constitution. The report also held that the veil precluded contact between individuals and thus constituted both a physical and symbolic barrier between those who chose to wear it and the rest of French society. This it claimed, impinged on the French notion of ‘living together’ which was fundamental to social cohesion and integration.

Claims at the European Court of Human Rights

On the same day the law entered into force, SAS made an application to the European Court of Human Rights (ECtHR) in Strasbourg, alleging that the ban violated a host of her rights under the European Convention on Human Rights (ECHR). The essential rights that she claimed had been infringed were Article 8 ECHR regarding the right to respect for private and family life and Article 9 ECHR which protects an individual’s right to freedom of thought conscience and religion. The applicant claimed that whilst the ban was ‘prescribed by law’ for the purposes of the Convention, it didn’t pursue any identifiable ‘legitimate aim’ under the articles and neither was it ‘necessary in a democratic society’.

On the 28 May 2013 the 7 Judge Chamber that was scheduled to hear the case relinquished jurisdiction to the 17 judge Grand Chamber of the Court who proceeded to examine the parties’ arguments.

Decision of the Grand Chamber

By a majority of 15 votes to 2 the Grand Chamber of the ECtHR held that the banning of the Veil did not violate the applicant’s rights under Article 8 and 9 of the convention, nor any other of her Convention rights for that matter.

Prescribed by Law

This requirement was not contested either by SAS or by the State. It was clear that the measure was ‘prescribed by law’ from the text of law n° 2010-1192 and its coming into force on 11 April 2011.

Legitimate Aim

The Court noted that whilst the ban did not pursue any specific legitimate aim outlined in Article 8(2) or 9(2) of the ECHR, it nevertheless accepted the Government’s contention that it infringed upon the State’s notion of ‘living together’, which it claimed could be linked to the aim of ‘ protecting the rights and freedoms of others’. It is worth re-visiting here, the verbatim words of the Court in its justification of this novel legitimate aim:

 “The Court takes into account the respondent State’s point that the face plays an important role in social interaction. It can understand the view that individuals who are present in places open to all may not wish to see practices or attitudes developing there which would fundamentally call into question the possibility of open interpersonal relationships, which, by virtue of an established consensus, forms an indispensable element of community life within the society in question. The Court is therefore able to accept that the barrier raised against others by a veil concealing the face is perceived by the respondent State as breaching the right of others to live in a space of socialisation which makes living together easier.”

Finding that ‘living together’ was therefore a legitimate basis upon which States could limit the fundamental rights of their citizens, the Court then proceeded to an examination of whether or not the measure was ‘necessary in a democratic society’ or in other words, whether the ban was proportionate to the aim pursued and the least restrictive means of achieving it.

Necessary in a Democratic Society

In finding that the ban was legitimate to the aim pursued the Court first determined that in matters concerning the State and religion, the State, having democratic authority and a clearer idea of the needs and conditions within a particular society,  should have a wide ‘margin of appreciation’. In other words, in matters concerning religion the Court determined that States would have a large degree of discretion in determining what restrictions may be deemed ‘necessary’ for the purposes of the ECHR. The Court supported this idea by pointing to what it considered to be a lack of consensus amongst European nations regarding whether or not the veil should be banned.

Further, the Court considered as significant the fact that the ban had not been levelled against the wearing of the veil per se but rather against the “concealment of the face” (la dissimulation du visage) in public places. The Court claimed that this distinguished it from previous cases where the specific banning of religious garments in public was held to be a violation of the ECHR.

The court next considered the gravity of the punishment for wearing the veil in public. Whilst the court conceded that ‘the idea of being prosecuted for concealing one’s face in a public place is traumatising for women who have chosen to wear the full-face veil for reasons related to their beliefs’ it nevertheless reasoned that the sanctions were ‘among the lightest that could be envisaged’ by the French legislature and thus by implication were the least restrictive means available and proportionate.

The Court then, quite paradoxically, reasoned that whilst through a restriction on the wearing of the veil in public places France had ‘restricted the reach of pluralism’ which it had previously claimed was a ‘hallmark of a democratic society’; in banning these garments, the French Government was trying to ‘protect a principle of interaction’ which was necessary to preserve pluralism and a spirit of tolerance and broadmindedness within society.

With these reasons taken together, the court ruled that there had thus been no violation of the Convention as the ban was prescribed by law, pursued a legitimate aim and was necessary in a democratic society.

Remarks and Criticisms

Several troubling inconsistencies emerge from the Court’s decision to uphold France’s veil ban. Firstly, the Court’s justification for allowing States a wide margin of appreciation in this area deserves some criticism. Whilst the Court recognized that amongst the Council of Europe members, only Belgium had taken the active step of banning the Burqa in public places, it nevertheless reasoned that because a ban was ‘being discussed’ in several other European States, there was thus no clear consensus against the banning of a veil – which widened the discretion afforded to France. The truth is that whilst there had indeed been debates on the issue within several European States,  no other nation had taken the radical step of legislating an outright ban on the wearing of veil in public except Belgium, which passed its ban against a backdrop of international criticism and rebuke . This evidence clearly points to a European consensus against the banning of the veil – it does not suggest that there is no consensus whatsoever and the Court’s argument simply inverts the truth in order to reach its preferred conclusion.

Secondly, the Court’s suggestion that because the law itself did not explicitly ban the veil that it is therefore proportionate, ignores entirely the pretext in which the law was passed. Both the Parliamentary debates and report which led to the adoption of the law centred almost exclusively on the veil (‘la voile integrale’) and the French legislature seem only to have adopted a ban on the covering of the face on the advice of the Conseil d’Etat that a specific prohibition on the veil would fall foul of the Constitution and ECHR. It seems to be immaterial therefore, that ostensibly the law purports to ban only the ‘concealment of the face’, as it is manifest from material which the Court had before it and even presented as part of its judgement, that its real intent was to ban the veil.

The Courts suggestion that the criminal sanctions for wearing the veil are ‘the lightest possible’ borders on the risible. Criminal sanctions, are by their very nature, serious penalties which may lead to both prosecution before a Court and a criminal record. In this case, a simple caution or even civil penalties may have been used to achieve the aim sought and it is a fallacy for the Court to suggest that because the sanctions in question are not the most grave criminal penalties imaginable they are the least restrictive means of achieving the aim persued. It should also be noted that 150 euros, whilst perhaps a ‘light’ sanction to the moneyed middle – classes of the French legislature and the Court, could impose a substantial financial burden on the mostly working class demographic of women who choose to wear the veil in France. This burden could be amplified as women who truly feel they have no choice but to wear the veil and thus find themselves to be ‘repeat offenders’, face the daunting prospect of being fined each time they leave their homes and this sum thus multiplying into thousands of Euros over time.

The alternative imposition of a ‘citizenship class’ for wearing the veil is also a severe and unnecessary sanction. This vindictive punishment forces women, who may very well be French-born or like SAS – naturalized French nationals, to accept that as long as they uphold their religious and cultural traditions, they will never be regarded as French. They will as a result be made to endure the humiliating and grossly patronizing punishment of being ‘educated’ by the State as to what being French is, simply for retaining this aspect of their religion and culture. It is clear that such an odious punishment cannot credibly be classed as ‘light’.

The Court’s following remarks on pluralism are simply contradictory. It cannot at once concede that France has ‘restricted pluralism’ by banning the veil in public and then accept its justification that it is actually trying to preserve pluralism by doing so. The concept of pluralism does not admit degrees and neither does it metamorphose depending on whose perspective we consider it from. Either a State permits the free expression of different cultures, customs and religions within its borders or it does not – it cannot say that it supports pluralism, but only its version of pluralism which in France’s case, explicitly excludes the Burqa. It is bewildering that the Court would advance such paradoxical logic.

Finally and perhaps most worryingly, is the Court’s endorsement and subsequent creation of the novel legitimate aim of ‘living together’. Whilst the Court concedes that the list of legitimate aims under Articles 8(2) and 9(2) ECHR are ‘exhaustive and interpreted restrictively’ it nevertheless creates, ex nihilo, an entirely novel legitimate aim for States. From now on, States do not have to show how a restriction on the freedom of religion is necessary in order to protect such serious concerns as ‘public health’ or ‘national security’, but only that it offends against their subjective notion of ‘living together’. This remarkably broad and nebulous concept gifts governments who may be motivated by a sole desire to discriminate against particular minorities with an innovative tool in order to do so. It is not hard to imagine how many other religious and cultural practices may be rendered illicit in the future under the smokescreen of ‘living together’. Perhaps some States may decide that Sikhs wearing turbans or Jews wearing kippahs offends against their idea of ‘living together’ and decide to introduce prohibitions on these practices. As a result of the Court’s new legitimate aim, they now need only show that such bans are proportionate in order to comply with the ECHR. History is laden with examples of State sponsored discrimination; The persecution and prejudice experienced by religious and racial minorities during WWII and the desire that such terror should never be wrought again was one of the main driving forces behind the creation of the ECHR and the ECtHR. It is bitterly ironic that the same Court that was setup as a bulwark against such State sponsored incursions into our individual rights and freedoms would now be the organ that seeks to legitimize them.

Conclusion

Granting States the final say on what ‘living together’ means and allowing them to use their definitions to restrict their citizens’ rights is a catastrophic development in the jurisprudence of the Court. The effect of this decision is to ignore the advances of multiculturalism within Europe and to hark back to an era where States consisted of one homogenous group of people with all others considered as foreigners or outsiders. As it is clear that this is no longer the case in the majority of European countries, the effect of the Court’s judgement is to endorse discrimination against those who don’t look, dress and act like the majority and such a decision rubber stamps the xenophobia and prejudice which have been on the worrying rise in Europe.

From Sochi to Qatar: Anti-Gay Laws & The West’s Selective Scrutiny

The  2014 Winter Olympic Games in the city of Sochi in Russia were marked by a combination of both immense expectation and intense controversy. Issues such as national security and the State’s use of migrant workers were hot on the agenda in the run-up to the games, however perhaps nothing attracted more attention then the nation’s negative stance on
homosexuality, which was recently re-inforced by the passing of an Anti-gay propaganda bill in Aug 2013 . Upon its enaction, A number of Western Governments publicly condemned the bill and Google_Doodle_2814646bwestern corporations also joined in the debate, with large multi-nationals such as Coca-Cola and Google producing advertisements aimed at rebuking Russia for its laws.  Whilst the condemnation of Russia’s Anti-Gay legislation was certainly justifiable, have Western Governments and Corporations demonstrated a selective approach to criticizing the treatment of homosexuals in different countries across the globe, particularly where economic interests are at stake?
 
Qatar
 

As the dust settles on the spectacle of Sochi and Brazil goes into overdrive for its preparations in the build up to this year’s Fifa World Cup and the 2016 Olympics, the spotlight is now beginning to shine on another nation which has its sights firmly set on international glory for 2022. This nation is the Arab Emirate of Qatar, which has embarked on a policy of aggressive expansion and rapid infrastructural development in the run up to the olympic games. Qatar, one of the wealthiest states per capita in the world, is so far estimated to have invested a staggering ($)200bn into construction and infrastructure projects for the event and whilst it is without doubt that a large part of this capital has been raised by profits from the countries main export commodities, gas and oil, the nation’s finances have also been been bolstered in recent years by a multitude of investments into several Western nations and corporations . Qatari investments in the West have not been entirely one sided however; many  western nations and corporations have also sought to improve relations and increase trade with Qatar with the nations low rates of tax being a major pull factor.  The reciprocal investments between Qatar and the West have increased dramtically in recent years and it is predictied that they will increase yet further in the years leading up to 2022, as states and corporations seek to cash-in on the revenue sure to be generated by the first World Cup to be held in the Arab World.

 cameron Qatar
Whilst Qatar, A strict Islamic State, has indicated that it is planning to make some concessions for Western tourists during the World Cup,  the government has so far not provided any indications that it will relax the strict laws relating to homosexuality which are in place within the country. In Qatar, Homosexuals do not enjoy any measure of equality with other citizens under the law and Homosexual acts between men are expressly criminalized in the Qatari Penal Code, which sets out a punishment of up to 15 years imprisonment for certain offenses. In addition to sanctions set out in the Qatari Penal Code,  Sharia Law continues to be one of the main sources of legislation in Qatar and although there are no known cases to date, consensual sexual relations between men can, by law, incur the death penalty in the country. Despite Qatar’s  manifestly adverse stance towards homosexuality and the harsh treatment that homosexuals are reported to suffer there there has to date, been  no similar criticism of Qatar by Western Governments or corporations who continue to do business with the nation on a regular basis.
 
Uganda
 

It is not just the opression of homosexuals in Qatar which seems to have evaded the criticism of many Western Governments and corporations however.  Recently, Google announced that it would be investing a reported ($)14 million into the East-African State of Uganda in efforts to capitalize on increasing internet usage within the country . Whilst this announcement has been praised by some as a means of promoting growth through enhancing the technological capabilities of the nation, for many, there has nevertheless been dissapointment that Google, who took such an active stand against the mistreatment of homosexuals in Russia, seem to have been entirely reticent on the grave repression of homosexuals within Uganda.  On the 24 February 2014, Ugandan President, Yoweri Museveni gave assent to what is termed the  ‘Anti-Homosexuality Act’ Uganda president signs anti-gay bill into lawThe stated purpose of this act is to “prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.”Whilst Provisions proscribing the death penalty for certain homosexual offences were dropped from the Bill just prior to its enactment,  the legislation nevertheless imposes a 14 year prison sentence for homosexual acts and a life sentence for anyone found guilty of what is termed “aggravated homosexuality.”  Upon its enactment the law caused a storm of controversy with several organizations and prominent figures issuing statements excoriating the Ugandan legislative for passing it, however there has to date  been no official response to the legislation from Google, who continue to push ahead with investment plans within the nation.

 
Ethiopia
 

In addition to Google’s investments in Uganda, The Coca-Cola Company have recently sought to increase trade with Ethiopia and have made a ($)20 million investment into a new glass bottling factory in one of the nation’s most rural regions. LGBT rights in Ethiopia are notoriously scarce and Like in Qatar and Uganda, homosexual Acts are expressly criminalised under Ethiopian Law. At a national conference in June 2012, a host of Ethiopian government officials,  civil representatives and religious leaders congregated to formally declare their opposition to LGBT rights and reportedly  condemned homosexuality as a “Western epidemic”. Despite Ethiopia’s stance on homosexuality, Coca Cola have issued no statements nor produced any similar advertisements aimed at criticizing the the nation.

coke invest ethiopia
The examples above illustrate that whilst many Western countries and corporations took the seemingly bold step of openly criticizing state endorsed homophobia at the time of the olympic games in Russia , their approach to critizing the opprobious treatment of homosexuals in other countries around the globe has been largely inconsistent and appears to be highly selective,  with some nations receiving a large degree of criticism and others seeming to escape reproach altogether. Whilst there may be other reasons for this selective approach, at least in the cases presented, it seems closely linked to Economics and a desire not to appear hypocritical by drawing attention to the homophobia deeply entrenched in countries where some Western nations and corporations are currently profiting, or stand to profit from large amounts of trade and investment. A recent report by the International Lesbian Gay Bisexual Trans and Intersex Association (ILGA) illustrates that in addition to Russia, there are 75 countries across the Globe where Homosexual Acts are illegal and many of these nations are regular trading partners and have close ties with Western nations and corporations. Perhaps Sochi was  only a prelude to states and corporations taking a more pro-active stance against  homophobia globally, however whilst repressive laws and abuses still continue to go unaddressed and uncritisized in a number of countries with which Western States and corporations do business, the controversy surrounding Sochi seems increasingly to have been rather more about politics then principles.

 

In Re South Africa Apartheid Litigation: Corporate Complicity in Apartheid Atrocities

           Background

The claims In Re South Africa Apartheid litigation arose in 2002 following the alleged involvement of 5 major multinational corporations in gross Human Rights violations during the Apartheid era in South Africa. Mr Ntsebeza, a black South African national, along with a host of other claimants brought a class-action lawsuit in the United States alleging that Ford, Barclays, IBM, General Motors and German automotive manufacturer Daimler GM not only knowingly conducted business in South Africa during the apartheid regime, but worse, that they provided direct assistance to and acted in accordance with the South African government and security forces during their brutal oppression of blacks and other minorities over the course of Apartheid.

cuanavale

The claimants alleged that Ford, General Motors and Daimler GM manufactured vehicles which were used by the South African security forces to violently suppress opposition to apartheid and inflict wide spread atrocities amongst the black civilian population. These companies, who owned a multitude of factories and plants in South Africa during Apartheid, were also accused of callously retaliating against employees who were found to be participating in the anti-apartheid movement, through such means as, unfair dismissals, intimidation and even assisting with unlawful detentions and torture in collaboration with the apartheid authorities. The corporations were also accused of providing de facto support to the apartheid regime by implementing segregation within their own facilities and grossly underpaying blacks for equal work. 

IBM were accused of actively assisting the Apartheid state by producing race-based identification documents  which were used by the authorities to greatly restrict the movement of blacks around South Africa. These documents also allowed the authorities to implement a meticulous geographic separation of the races, whereby blacks were forced into remote and dilapidated shanty towns known as ‘Bantustans’ and obligated to live there as ‘Bantus’ deprived entirely of South African nationality and any of the corresponding rights of such citizenship. 

Barclays

Barclays were accused of participating and assisting in the geographic separation of the races by refusing black employees the opportunity to work in, or be transferred to branches in predominantly white areas. This practice was not mandatory under South African law at the time and thus Barclays were accused, of providing de facto support to the apartheid regime through the implementation of such policies. 

The Defendant companies rejected the legal culpability for their actions but never denied their involvement in apartheid in the ways advanced by the claimants.

Claims in United States

As the Republic of South Africa was originally opposed to the litigation, the claimants elected to bring their action in the United States, alleging that the corporations concerned had all aided and abetted gross human rights violations, which was an actionable offence under the Alien Tort Statute (ATS) . The ATS is an old piece of US legislation which grants United States courts original jurisdiction over  ‘any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States‘. In other words, the ATS potentially allows for a foreign claimant (a non-national and non-resident of the US) to sue a foreign defendant (also a non-national and non-resident of the US) in a United States court for gross Human Rights violations, irrespective of where these violations occurred. The ATS has been instrumental in allowing many individuals whose human rights have been violated but whom, for a variety of reasons, were not able to obtain any redress in the place where these abuses occurred, to recover damages by bringing claims in the United States.

Supreme_Court_US_2009The District Court dismissed the claims in 2004, holding that aiding and abetting was not a viable cause of action under the ATS. In 2007, the Court of Appeals for the Second Circuit reversed the decision of the lower court, holding that aiding and abetting was actionable under the ATS and remanded the case back to the District Court for further hearing. The defendant companies then appealed to the Supreme Court of the United States, asking the Court to rule definitively on the issue. 

Lack of Quorum in the Supreme Court

In an extraordinary turn of events, the Supreme Court declared that it would not be able to hear the appeal, due to the fact that 4 of the 9 Justices on the Court had to withdraw from proceedings based on their financial and personal interests in the companies involved. The Court thus lacked the required Quorum (6 Justices) it needed to hear a case and was subsequently forced to affirm the ruling of the Second Circuit Court of Appeal without declaring it binding precedent.  The claims against the corporations were thus able to proceed.

Impact of Kiobel v Shell

On 17 April 2013 the Supreme Court handed down its judgement in the eagerly anticipated case of Kiobel v Shell.  This was a case concerning a number of Nigerian nationals, who were suing the Anglo-Dutch company Shell for its alleged complicity in torture, rape and the extra-judicial killing of activists in the Ogoni region of Nigeria. The claimants could not bring the claims in Nigeria, because they feared reprisals from powerful elements within the Nigerian Government and military, who they claim had been heavily involved in the abuses. For this reason they too, like the claimants in the In Re Apartheid cases, sought to rely on the ATS to bring their claims against Shell in the United States.

 The central questions for the judges in Kiobel were whether or not:

1.    The ATS applied extra-territorially to foreign defendants operating outside the US.

2.    Corporations could be sued for violations of International Law.

The Court considered that the issue of paramount importance was the primary question and so re-heard the case based on this question alone.

In a unanimous decision, the court ruled that there was no definitive proof that the ATS was ever enacted to allow foreign claimants to sue foreign defendants in US courts for harms that occurred outside of the US. The decision of the judges was very much alive to the diplomatic burdens that it would place on the United States to allow harms occurring in other people’s countries to be brought before their Courts. For some, the ruling was a victory for US foreign relations but for others, particularly those who have pushed for the universal enforceability of human rights norms, the decision was a major setback which could ultimately provide carte blanche for corporations to continue to commit human rights violations abroad whilst providing no redress to victims.

After Kiobel

The Kiobel decision has had a dramatic impact on the ensuing success of the claims in the In Re Apartheid litigation. In August 2013 The Second Circuit Court of Appeals remanded the case back down to the lower courts suggesting that the claims be dismissed in light of the Kiobel ruling. General Motors reached an earlier settlement with the plaintiffs, however, on 26 December 2013 the court of first instance held that, the claims against Daimler did not ‘touch and concern’ the US with sufficient force to rebut the presumption against extraterritoriality applied in Kiobel and thus had to be dismissed. The claims against IBM and Ford, the two remaining plaintiffs, were however not dismissed. The court instead asked the parties to produce briefs on the question of whether corporations may be liable for breaches of International Law – which was the original, unanswered question in the Kiobel v Shell case. This leaves open the possibility for corporate liability for human rights violations abroad, however, whether or not other courts and perhaps ultimately the Supreme Court, will answer this question in the affirmative remains to be seen.

The Confidence-Deception

Firstly, let me start by saying that despite what we hear or see on television shows, radio, films or any other opinions pedalled in the popular press; as a general rule confidence, is NOT something we are born with – it’s a skill that we have to develop.

The idea for this post arose following a number of discussions with family members, friends and a particularly vivacious debate with a colleague at work, after which it came to be quite apparent to me that many people perceive confidence to be something innate – A God-given attribute reserved only for a chosen few that everyone else must be in awe and amazement of. Whilst this message has been widely perpetuated, in my opinion, it frankly couldn’t be further from the truth.

Now clearly, the people that possess this view aren’t entirely to blame for its propagation. We live in an age where some skilled (and in many cases wholly unskilled) individuals are elevated to God-like status. The way they behave, coupled with the constant adulation they receive leads many of us to think that there’s something we’re missing, something we don’t possess which is the reason for their ‘star power’ and not our own. If you happen to think like this, believe me you’re not alone, however, if we think carefully and examine some examples from around us, then we’ll see that this idea is essentially baseless and that far from being unattainable, star-like confidence is something which is very much within our reach.

Whilst studying at university, I had the opportunity to be a mentor as part of the Springboard project, which was a voluntary scheme some friends and I established to help young, disadvantaged black boys from inner-city schools in Nottingham aspire to higher education. As part of the scheme, I spoke to many young children about their aspirations and desires and what became apparent to me after a short space of time was that it wasn’t the desire or even the ability that these boys lacked, but rather the CONFIDENCE to turn their aspirations into realities. The origins of this lack of confidence were myriad; many of the boys had come from difficult backgrounds where poverty, lack of stability at home and lack of opportunity had taken a heavy toll on their self-belief – Add this to the aforementioned assumptions that our contemporary culture helps us to make about ourselves and others and it was not hard to detect the root of this down-trodden disposition.Springboard

Whilst many of the boys had certainly begun the program with a very low confidence level, one of the most incredible things about the Springboard project was witnessing the CHANGE that occurred within the children over the course of the programme. By inculcating the right messages into their minds and by giving them the right support and encouragement, many of the boys were able to ACQUIRE confidence over the course of the programme and I’m sure I can speak for everyone involved when I say that we were able to see genuine change and development across the board.

If this acquisition of confidence can occur in young children, then there is no reason why it cannot occur in adults. After speaking to some good friends about their experiences as newly qualified teachers (the profession of choice amongst most young people these days it seems!) they informed me that after struggling initially with the rigorous demands of the job, they now, several months later feel much more confident in their positions and in their abilities. This increase in confidence is clearly not just limited to those embarking on a career in teaching, friends in various other professions have attested to the same confidence increase in their professions and even though my own professional career is nascent, having only just completed my studies, I feel that confidence in my own ability at work has also improved exponentially since I began. On balance, I’m sure that most people could attest to this increase in confidence at work, yet it seems strange that notwithstanding this, many people still refuse to accept the notion that  confidence is something which can be acquired and developed OUTSIDE of the world of work.

One of the books that we gave to our mentees at the end of the Springboard program, which is co-incidentally one of my favorite books and a reccomended read for anyone who can get their hands on a copy, is called ‘The Magic of Thinking Big’  by David.J Schwartz. In this book Schwarz re-iterates the principal that confidence must be developed and he provides some tips for how this might be done.(A fairly good sum up of he main point of the book can be found here).

Reading Schwartz and putting some of his idea into practice, We can see that far from being something innate, confidence is something which is and must be developed, and that it is possible for anyone, regardless of their original disposition, to achieve it in large measures.Thinking-big

So the next time we catch people in awe of others for a supposedly ‘gifted’ quality and belittling themselves, it’s our duty to remind them that these people were not born with great confidence, but ACQUIRED and DEVELOPED it through various means, and so can everyone with time and effort.